By Charles S. Kramer
By now, virtually all Americans have probably heard of the saga of Ray Rice. The reporting and commentary and opinionating has been so pervasive that its been hard to avoid. Rice was a professional football player for the NFL’s Baltimore Ravens. A couple years back, Rice and his then fiancé had a few too many drinks and began arguing in a hotel. She was litearlly a quarter of his size, but had a temper. As the dispute escalated, Rice’s fiancée struck him both before and after they entered an elevator. Once inside the elevator, Rice struck back with one punch that knocked her cold. He then picked up her limp body and carried her out of the elevator. The whole episode was caught on video surveillance, and Rice was charged with domestic violence. Initially, only the video from outside the elevator was made public.
As the case ran through the court system, the couple married and completed a program for domestic violence. Based in part on his wife’s testimony Rice was allowed to plea out and avoid jail time, and the couple prepared to move forward with their life together.
Although the acts had nothing to do with football, did not involve another player or any onfield activity, the NFL’s commissioner decided that Ray’s conduct reflected badly on the league and suspended him for two games. The Commissoner then announced that, in the future, the punishment would be much harsher. Upon a first arrest for domestic violence a player would be suspended 6 games and after a second offense for a year. Then, the elevator footage, which shows the muscular Rice knocking the smaller woman out with one flick of his massive arms, surfaced. The public outcry was loud and constant.
In response, Baltimore immediately fired one of their best players and Roger Goedell , the league commissioner, imposed further discipline on Rice, even though he had committed no subsequent or additional act. Goedell suspended Rice “indefinitely.” Thus, despite the formal policy that specifically provides for a six game suspension for a first offense, and despite the fact that Rice had already been punished for the act in question, Goedell re-punished him in a manner contrary to the policy the league had just established.
Domestic violence is a problem. Actually violence within any relationship is a problem, as is violence towards strangers. Domestic violence is especially insidious because the love of the victim towards the aggressor makes it hard to disengage and move away. Nothing in this column should be taken as anything but a condemnation of those who strike out in anger, frustration, or retribution. Physical force solves nothing and is wrong.
However, as an attorney committed to the principles enunciated in our nation’s founding framework, I need to ask the unpopular questions: What about double jeopardy? What about the fact that Rice had already been sanctioned once? How fairly has Rice been treated?
As the prosecutor witness, judge and jury, Roger Goedell must not bend to public outcry like he did with Mr. Rice. Whether or not the original charge was severe enough, the matter had been decided, Rice had been sanctioned, and was not going to appeal. It was unfair and contrary to the American way and NFL protocols to punish him again for the same incident.
Frankly, it astounds me that nobody seems to notice this fundamental failure of American justice.
————————
Under analysis is a nationally syndicated column of the Levison Group. Charles Kramer is a principal of the St Louis based lawfirm, Riezman Berger, PC. Comments or criticisms about this column may be sent to the levison group c/o this newspaper or direct via email to comments@levisongroup.com
© 2014 Under Analysis LLC.
