Cogito Ergo Non Serviam

Prosecutors not NFL at Fault in Ray Rice Domestic Violence Case

The National Football League has just begun its 2014 season, and the tackles and touchdowns are overshadowed by cases of domestic violence involving certain players. The most extreme instance is that of Ray Rice, formerly of the Baltimore Ravens, of whom there are video recordings that show him knocking his then girlfriend (now wife) unconscious in an elevator in Atlantic City, New Jersey. There is a huge hue and cry over the light punishments the NFL has handed down. The real moral outrage ought to be targeting the prosecutors who have done next to nothing.

In the case of Mr. and Mrs. Rice, the evidence is pretty compelling. Allison McCann at fivethirtyeight.com wrote, "The elevator doors open and he drops her. She falls to her knees, and then to the floor, but her feet prevent the doors from closing. The man is holding the woman's purse as he tries to move her unconscious body out of the way using his feet, but she won't budge. He tries picking her up again, but unconscious bodies can be heavy, even for a 5-foot-8, 208-pound running back in the National Football League. Then the video ends."

Initially, the NFL handed down a two-game suspension. Then, another recording emerged that shows the awfulness of the punch and its result. A brief media storm later and Mr. Rice receives an indefinite suspension from the league and the Ravens have torn up his $40 million contract. Commissioner Roger Goodell sent a letter to all 32 teams recently laying out a new policy, "Effective immediately, violations of the Personal Conduct Policy regarding assault, battery, domestic violence or sexual assault that involve physical force will be subject to a suspension without pay of six games for a first offense, with consideration given to mitigating factors, as well as a longer suspension when circumstances warrant. A second offense will result in a ban from the league, with the opportunity to apply for reinstatement after one year."

Pundits have debated the finer points of the new policy, its implementation and the poor record of the league in such matters into the wee hours. What no one seems to be asking is why the NFL is even in a position to hand down punishments. If the prosecutors were doing their jobs in these cases, the assailant would not be able to play in NFL games because he would be in prison.

Continuing with the case of Mr. Rice, it is clear that the tape shows him committing aggravated assault as defined by New Jersey law which is an "attempt to cause a serious bodily injury or actually cause such an injury, purposely or knowingly or recklessly, under circumstances manifesting extreme indifference to the value of human life." A good defense lawyer might be able to get a jury to convict on a lesser charge, but a decent prosecutor could probably make this stick.

In the event of a conviction, New Jersey law gives the judge some leeway in sentencing, ranging from 18 months in prison and a $1,000 fine for a fourth degree crime up to a five to ten year prison sentence and a $150,000 fine for a second degree crime. According to New Jersey legal experts, Mr. Rice's was a second degree crime. He would miss at least five seasons of NFL football, and most likely, would lose the physical condition needed to play at the professional level. The NFL's ban would be moot.

So why is he not in jail or at least out on bail pending trial? Because the prosecutors let him plead guilty to third-degree aggravated assault charge. He entered a pretrial diversion program and is undergoing counseling. There is the problem in a nutshell. Aggravated assault against a stranger would have landed Mr. Rice in prison. Aggravated assault against his girlfriend (later fiancee and wife -- clearly the person who needs counseling most is the victim) gets him a diversion program and counseling. The NFL is not the appropriate target for the moral outrage. James P. McClain, the Atlantic County Prosecutor, his office and staff are.

© Copyright 2014 by The Kensington Review, Jeff Myhre, PhD, Editor. No part of this publication may be reproduced without written consent. Produced using Ubuntu Linux.



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