NFL Fires a Player qua Domestic Violence; morally right??

izzythepush wrote:

Rules of the club tend to cover such things as bringing the game into disrepute.

For about a half day in 1988 we believed that if a person could do a job
then they should have a shot at having the job.

The release of video footage of Ray Rice's violent attack of his now-wife led to outrage nationwide, Rice's firing by the Baltimore Ravens and an indefinite suspension levied by the NFL on Monday.

The Atlantic County Prosecutor's Office, however, stood by its decision not to pursue jail time -- or even probation -- and allow Rice to enter a diversion program instead.

"Mr. Rice received the same treatment by the criminal justice system in Atlantic County that any first-time offender has, in similar circumstances," Atlantic County Prosecutor's Office Jay McKeen said in an email to NJ Advance Media. "The decision was correct."

And there's no changing the decision to allow Rice into the diversion program, which was approved by Atlantic County prosecutor (and Rutgers Rutgers School of Law gradute) James McClain in May.There can be no further legal punishment taken against Rice for the assault unless he violates terms of the year-long diversion program, which includes mandated counseling.

Rice is a first-time offender, but experts questioned the use of New Jersey's pretrial intervention program in this instance. Under the law, a "defendant charged with crime is eligible for enrollment in a PTI program," but prosecutors can deny entry if a crime was "deliberately committed with violence or threat of violence against another person."

"We want to give prosecutors some leeway in cases, but this case shows we need to tighten up the law," Assemblyman Joseph Cryan (D-Union) told NJ Advance Media. "There are plenty of folks who agree with me. The decision to allow Rice into PTI was wrong.

Cryan said he plans to introduce new legislation -- a bill he has worked on long before the Rice's latest video went public -- as soon as Monday to stiffen penalties when it comes domestic violence.

There are already certain crimes that would prevent suspects from getting accepted into PTI, like animal cruelty -- an exception added in 2010. Under PTI, a defendant will have the charge against him or her dropped once the program -- which typically spans a year -- is successfully completed. The defendant then can petition the court to have the arrest expunged.

"I believe a violent act, like what we saw took place in that elevator, should not allow somebody to have such an arrest expunged from their record," said Jane Shivas, the executive director of the New Jersey Coalition for Battered Women. "One thing we see happen is that laws to protect children and women often lag behind laws that protect animals. We should at least protect children and women at the same rate and give equal protection as we do with animals."

Paramus defense attorney Travis J. Tormey told NJ Advance Media he's had clients denied in similar cases -- and those clients weren't seen on video like Rice.

"This is very unusual and kind of surprising that prosecutors allowed him into PTI if they had that video," Tormey said. "In cases of domestic violence, it's typically hard to get into PTI."

PTI exists in superior court, where Rice's case landed after a grand jury indicted him on a single aggravated assault charge. (He faced as many as five years in prison if convicted.) But domestic violence cases often end up in municipal court as disorderly persons charges, where a six-month jail sentence is the maximum allowable period of confinement.

The municipal courts have their own diversion programs, known as the conditional dismissal program that functions in much the same was as PTI. Under that program, those accused of domestic violence aren't eligible.
http://www.nj.com/rutgersfootball/index.ssf/2014/09/ray_rice_video_prosecutors_ofifice_says_decision_was_correct_not_seek_jail_time_for_rice.html

The NFL failed on Ray Rice. But so did N.J.'s justice system: Editorial
Star-Ledger Editorial Board By Star-Ledger Editorial Board
September 14, 2014

When a powerful man punches a woman so hard she is knocked unconscious, that is a serious crime that should draw a serious penalty. By that measure, New Jersey failed miserably in the case of the football star Ray Rice. And that failure points to the pressing need for reforms.

The fact that prosecutors in Atlantic County gave Rice just a slap on the wrist is a problem, whether the victim thinks so or not. Even if a woman doesn't want her abuser in jail or stuck with a criminal record, there's a larger public interest in confronting domestic violence.

This is a crime that kills more than 1,000 women a year in the United States. We need to view it as a matter of public health, and draw a clear line that sends a signal to other abusers. We can't rely on individual women to stand up to their batterers; as a society, we must do it. We need to check this violent behavior, and in too many cases, a slap on the wrist just isn't enough.

The prosecutor showed a leniency to Rice that is troubling. Despite the brutal power imbalance, his cold treatment of his fiance's unconscious body and his indifference to her being knocked out, he was charged with third-degree aggravated assault, which carries a presumption of no jail time. He was allowed into a pretrial program where he could escape any significant punishment and avoid any criminal record.

This is the same prosecutor's office, incidentally, that is not giving any breaks to a Philadelphia mother of two who mistakenly thought her gun permit was valid for interstate travel. She faces a felony conviction and 42 months in prison. Maybe that's because she doesn't play football, some have pointedly suggested.

Rice is a celebrity, but here's the scary truth: Plenty of other abusers get the same leniency. Pretrial intervention (PTI) was conceived for non-violent, first-time offenders, but it has become commonplace in domestic violence cases, too.

Sometimes there's good reason for it. When a victim refuses to testify, the prosecutor may not have a strong enough case to win at trial, or the leverage to force a plea deal. Requiring a defendant to go to anger management counseling through PTI may be the best the state can do.

But under the PTI program, a prosecutor makes that decision, without review by a judge. That’s simply wrong. When a prosecutor offers a plea bargain to a suspect, judges must approve the final deal. The same should be true in the PTI program.

Who knows, perhaps a judge would have balked at letting Rice go with this slap on the wrist?

For violent offenders charged with anything above a simple assault, admission into PTI should require judicial approval. There are several constructive domestic violence bills winding their way through our legislature, but none address this core point. Lawmakers should jump on the issue and hold hearings.

Another important question is whether prosecutors are under-charging too many offenders. Video evidence might have convicted Rice even without the victim's cooperation. Was it ignored out of a routinized reluctance to bring such cases to trial?

We are used to easy-outs from profit-minded sports executives, who act only when they are forced to. But let's make sure abusers don't get a free pass from our criminal justice system, too.
http://www.nj.com/opinion/index.ssf/2014/09/why_didnt_nj_prosecutors_send_ray_rice_to_jail_editorial.html#incart_story_package

if a wimpy little guy comes over and starts hitting Mike Tyon
and then Mike turns and decks the guy, Mike is a felon. (look it up)

farmerman wrote:

if a wimpy little guy comes over and starts hitting Mike Tyon
and then Mike turns and decks the guy, Mike is a felon. (look it up)

Does that equally apply if Mike Tyon
is attacked by a "wimpy little guy"
who has equipped himself with a FORCE MULITPLIER ??

When you get a $35 million five-year contract, you also sign an agreement that includes maintaining a standard of behavior off the field as well.

I have no problem with the NFL imposing any penalties that would be within the conditions of Rice's contact and specified contractual violations.

Let's get real. No one is forced to play in the NFL. No one has a gun to their head when they sign a contract with the NFL.

farmerman wrote:

if a wimpy little guy comes over and starts hitting Mike Tyon
and then Mike turns and decks the guy, Mike is a felon. (look it up)

Does that equally apply if Mike Tyon
is attacked by a "wimpy little guy"
who has equipped himself with a FORCE MULITPLIER ??

Force vs. brute force do the math. If you beat someone out cold,
knowing you could to begin with....it applies...

Close to one in five men admits he has hit, slapped, kicked or otherwise attacked a wife or girlfriend, researchers say. It’s a rare look at domestic violence not from the point of view of the victim, but from the aggressor’s side.

OmSigDAVID wrote:

farmerman wrote:

if a wimpy little guy comes over and starts hitting Mike Tyon
and then Mike turns and decks the guy, Mike is a felon. (look it up)

Does that equally apply if Mike Tyon
is attacked by a "wimpy little guy"
who has equipped himself with a FORCE MULITPLIER ??

Germlat wrote:

Force vs. brute force do the math. If you beat someone out cold,
knowing you could to begin with....it applies...

If the FORCE MULTIPLIER is an iron crow bar that a wimpy little guy
used to break Mike Tyon's knee or elbow, while adminstering a general beating,
I am skeptical that he 'd be indicted, let alone convicted of a felony.
If the FORCE MULTIPLIER is a knife that wimpy little guy used
to stab Mike Tyon, I don t see him getting prosecuted for self defense.

So much for the story that what Rice did was so outside of normal behavior that he is an outlier

The power of the employer does dictate the terms of employment in the NFL, and certain aspects of a player's conduct off the field are covered by that employment agreement, it becomes part of the job description.

Knock it off. No one needs a job playing for the NFL to survive. No one is automatically entitled to a job playing with the NFL.

For $35 million over 5 years, players, like Rice, should be more than willing to agree to not to engage in criminal behaviors off the field, particularly violent behaviors that are injurious to others.

Animals that cannot behave do not belong in a world of people.