Roger Goddell
April 20th 2010 17:37
There is some concern, I think, that Roger Goddell, NFL Commissioner, will likely hand down a suspension to Steeler QB Ben Roethlisberger for an act was accused of doing, but for which no arrest was sought. So this makes this situation a very gray area, one that can be very dangerous for both sides.
Make no mistake - Ben will almost have to fight this suspension. The NFLPA will have to fight this decision. It will be unilaterally hated by fans, outraging women and those that think Ben should be tarred and feathered on his way out of town. It will probably be an unpopular decision among rank and file NFL professionals, too. But it has to be done.
Here's why. If you, or me, is accused of a crime, but no charges are pressed, then we haven't done anything wrong in the eyes of the law. No punishment against us can be meted out. Consider if you do something stupid, maybe even borderline illegal. There's no punishment for being stupid; you have to live with yourself, which for some is punishment enough. The alternative is that your life is over just because an accusation is made. That is akin to a witch hunt. Who dispenses of justice then? In Nazi Germany, the Gestapo were feared above perhaps all others because they could, and did, act on the merest suggestion. In Soviet Russia, the KGB would act on suspicion of illegal activity. The burden of proof meant nothing in those countries and in those regimes. The NFL won't obviously become the Gestapo, but there's a slippery slope here. The NFLPA has to fight this, because there has to be more than a verbal accusation made before the NFL has a right to act.
On the flip side, the NFL has to suspend Roethlisberger. Failing to do so is a PR nightmare of the highest degree. There are legions of women who are counted among the NFL's fans - just watch their commercials with the chicks wearing NFL gear, and you know that the female demographic is well represented in football. So Roethlisberger's acts are despicable to them, and to most ordinary people, and therefore some form of punishment must be doled out. Now, in Goddell's defense, he has what has become a standard method for proving things in legal cases - a pattern of behavior. Criminals have been convicted when the prosecutor can show that the accused behaves in a certain way all of the time. It's a little tough to conclude that two actions alone is enough to build a pattern of behavior, but there's far more than just these two accusations. Ben hasn't exactly been a solid, upstanding citizen since he entered the league. So Goddell has to suspend him, based more upon Ben's actions in his five years as a pro rather than just on this latest act.
This actually sets up to be a very interesting and intriguing legal battle. On one hand, you have an accepted practice of using behavior patterns in courtrooms to help solidify cases. On the other hand, you have only an accusation made with evidence provided, but not enough to convince a jury that a crime was committed. Both sides have to wage a battle on this, the NFL to continue to show that they are serious about keeping players in line, the NFLPA to prevent the simple suggestion of wrongdoing as a basis for suspension. This could get interesting.
Make no mistake - Ben will almost have to fight this suspension. The NFLPA will have to fight this decision. It will be unilaterally hated by fans, outraging women and those that think Ben should be tarred and feathered on his way out of town. It will probably be an unpopular decision among rank and file NFL professionals, too. But it has to be done.
Here's why. If you, or me, is accused of a crime, but no charges are pressed, then we haven't done anything wrong in the eyes of the law. No punishment against us can be meted out. Consider if you do something stupid, maybe even borderline illegal. There's no punishment for being stupid; you have to live with yourself, which for some is punishment enough. The alternative is that your life is over just because an accusation is made. That is akin to a witch hunt. Who dispenses of justice then? In Nazi Germany, the Gestapo were feared above perhaps all others because they could, and did, act on the merest suggestion. In Soviet Russia, the KGB would act on suspicion of illegal activity. The burden of proof meant nothing in those countries and in those regimes. The NFL won't obviously become the Gestapo, but there's a slippery slope here. The NFLPA has to fight this, because there has to be more than a verbal accusation made before the NFL has a right to act.
On the flip side, the NFL has to suspend Roethlisberger. Failing to do so is a PR nightmare of the highest degree. There are legions of women who are counted among the NFL's fans - just watch their commercials with the chicks wearing NFL gear, and you know that the female demographic is well represented in football. So Roethlisberger's acts are despicable to them, and to most ordinary people, and therefore some form of punishment must be doled out. Now, in Goddell's defense, he has what has become a standard method for proving things in legal cases - a pattern of behavior. Criminals have been convicted when the prosecutor can show that the accused behaves in a certain way all of the time. It's a little tough to conclude that two actions alone is enough to build a pattern of behavior, but there's far more than just these two accusations. Ben hasn't exactly been a solid, upstanding citizen since he entered the league. So Goddell has to suspend him, based more upon Ben's actions in his five years as a pro rather than just on this latest act.
This actually sets up to be a very interesting and intriguing legal battle. On one hand, you have an accepted practice of using behavior patterns in courtrooms to help solidify cases. On the other hand, you have only an accusation made with evidence provided, but not enough to convince a jury that a crime was committed. Both sides have to wage a battle on this, the NFL to continue to show that they are serious about keeping players in line, the NFLPA to prevent the simple suggestion of wrongdoing as a basis for suspension. This could get interesting.
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