You know, one thing that stands out to me that I haven't noticed anyone talking about. Why is law enforcement sending evidence to the NFL? Why should the NFL have access to evidence used in criminal proceedings above and beyond the general public? What is their standing?

No one said Ray Rice denied the allegations. He came clean pretty quickly. I even made it clear that he happily accepted a) the lack of legal discipline given that he's not in prison like a normal person, and b) the lack of a reasonable penalty from the NFL until Roger Goodell had this crazy overnight epiphany and effectively banned him for life.

As for pro athletes being held to standards, I'm not sure if you're advocating that they *not* be held to standards or are just pissed off that most of us have maintained for years that they should be and you only just now noticed.

Bosox, a normal person wouldn't be in jail, let alone prison, for this, given a clean criminal background like Rice has. And, given an uncooperative victim, it'd be contrary to my experience to expect the DA to obtain a conviction. I've tried a few domestic battery cases, and I have never lost any of them when the victim doesn't want charges pressed and doesn't want to cooperate with the DA.

Actually, a diversionary program and deferred entry of judgment agreement is pretty standard for a first time offender in a domestic case. If the victim is enraged by the battery and cooperates fully with the DA's office, or there are actual, in person witnesses, then a little over half the time, there's somewhere between a year and eighteen months probation attached, but Rice did not receive an especially sweetheart deal from the New Jersey DA with prosecutorial responsibility in this case.

If the victim acknowledges that the violence occurred and still doesn't want to press charges, I'd only be more inclined to send the perpetrator to prison in order to simply separate them. I'd be worried for the victim's safety.

I don't know what the normal "deal" is from a DA in a case like this, Bob, but, as has been established and as I assume you know having seen dysfunctional and violent relationships in your professional life, anything short of prison is beyond unacceptable, whether you're an athlete or a plumber or whatever.

http://www.nola.com/opinions/index.ssf/2014/09/hold_roger_goodell_to_standard.html

whodat

Not to diminish bosox's reasons or anything, but, y'know.

See, here's the thing. The DA doesn't get to determine whether or not someone goes to prison. The most they can do is either try the case or make a deal that a judge doesn't necessarily have to accept.

The key to any trial is what's called voir dire. It's the part of jury selection where the DA and the defense counsel get to talk to the jury pool, try to educate them about the legal issues surrounding the case without going so far into it that they stray into the judge's territory, and ultimately, get some background information about the kind of jury pool they're facing. In my home jurisdiction, both the DA and I have a certain number of peremptory challenges, where we can kick someone out of the jury for essentially whatever reason we want to, as long as we're not stupid enough to say it's because of their race or gender or some such protected category. Now, if I'm defending an NFL player from a charge of domestic battery where I know the alleged victim is not going to cooperate with the DA in the case, I'm going to be able to raise the opportunity cost of trying my client to intolerable levels. In pretrial meetings, I will be openly musing about how extensive the media coverage is going to be, how easy it will be for me to win a budget-busting motion for venire (where the jurisdiction brings a complete jury pool from another jurisdiction), how if the DA or the cops screwed up even slightly, then my client has the resources to sue the relevant agency into bankruptcy civilly, and the dismal conviction rates when domestic battery cases go to actual trial. If it's an ADA, I will be going over the ADA's head to his boss and talking about how she's not going to have a chance to get reelected when her ADA loses in a very public matter. When it comes to jury selection, I will pick the oldest jury I can that's chock full of married people, because they disproportionally don't give a shit about domestic battery. I will have a barrage of expert witnesses, all of whom will require that the DA's office obtain the expensive services of counterwitnesses. If the DA does not call the victim as a witness, I will move for dismissal of the case at the summation of her case, and I very well might win. If the DA does call the victim as a witness, I will have the critical witness in the DA's case doing everything she can to undermine it. In all likelihood, I will obtain a not guilty verdict for my client, and I will be whistling a happy tune walking out of court, thinking about how I've just generated enough business that I can finally close on that vacation home in Hawai'i. And the most important thing is, the DA will know all of this is true before our first meeting.

I know the DA doesn't decide. I'm making a statement about the criminal justice system in general, one which I think we all already knew - it sucks.

It's a system of compromises. Of course it sucks. I'm a little skeptical about whether it's a good thing to use the criminal justice system as a tool for determining who can or cannot be together as a couple.

"but Rice did not receive an especially sweetheart deal from the New Jersey DA with prosecutorial responsibility in this case."

Ohio doesn't allow for diversionary programs for violent offenders.

Rice should have been charged with felonious assault. Why is domestic violence lesser violence than other violence?

Most batteries aren't felonies. In order to charge a battery as felony aggravated battery in Wisconsin, the DA needs to have probable cause to allege substantial bodily harm, beyond just the elements of the battery charge. Also, domestic violence is treated in Wisconsin more harshly than battery in a few different ways. First, any conviction of a misdemeanor or felony, of a crime of domestic violence, is under the Lautenberg Amendment of 1996 a federal prohibition against firearm ownership for life. Second, there's an automatic domestic violence penalty enhancer in Wisconsin (it is, however, only $100). Third, there are all kinds of protective orders available with an allegation of a crime of domestic violence that are not available with an allegation of other kinds of violence. It's kind of threadbare, but it is there that domestic violence has some effects that are more seriously sanctioned than nondomestic violence.

A $125 fine and probation is a joke.

Well, really the fine is more like $525 once you factor in court costs, and that's not touching the probation fees. But what else is there? It's going to cost the state a fuckton of money for an uncertain result to take the case to trial, and most of our jails and prisons are pretty full already.

Also, I'm a little surprised and disappointed that no one else appears to have any opinion whatsoever about law enforcement just giving copies of evidence in a criminal matter over to the defendant's employer.

"Well, really the fine is more like $525 once you factor in court costs, and that's not touching the probation fees"

Boo fucking hoo.

"It's going to cost the state a fuckton of money for an uncertain result to take the case to trial, and most of our jails and prisons are pretty full already."

Really, I think they can take one more violent person who assaults women for sport. If our prisons are too full for that, then maybe more need to be built.

" whatsoever about law enforcement just giving copies of evidence in a criminal matter over to the defendant's employer."

What criminal matter? They didn't charge him with anything.

By my understanding, which is admittedly incomplete, he was charged, and he entered into a diversionary deferred entry of judgment agreement.

Regardless, it's much more outrageous to me that people are claiming that Ray Rice was punished satisfactorily enough and that the criminal justice system did its job.

And Adrian Peterson was released after beating the shit out of a 4 year old.

But the penalties for domestic violence are worse, are they?

AP was only released on bail as far as I know. I hope he doesn't just walk free like Rice.

Also, Dan Snyder came out in support of Roger Goodell today, which only makes me hate him that much more.