Total Pageviews

Wednesday, March 2, 2016

Rant #1,621: Does the Punishment Fit the Crime?


The Aroldis Chapman domestic violence mess has finally been judged by Major League Baseball, and you really have to ask yourself if the punishment fits the crime.

Last October, Chapman, then still a Cincinnati Red, got into a violent altercation with his girlfriend at their home. He allegedly choked her, and then took a gun and shot several shots into his garage.

The police came, he was taken away, but his girlfriend declined to press any charges. She was not hurt, had no marks on her body, and without her cooperation, any legalities were thrown to the wind, and there was no case.

However, MLB was alerted to what had supposedly happened, or didn't happen, and that is where the problems started.

Can you punish a player for a heinous crime that, according to this situation's outcome, might not have happened, or if it did happen, there were no legalities pursued, so in the eye of the law, there was no crime committed?

You might remember that the National Football League ran itself into a public quagmire that it could never free itself from with its own players involved in domestic violence.

The league was slow to act or did nothing, and the public backlash against the league and Commissioner Roger Goodell was quick and all encompassing.

Certainly new baseball Commissioner Rob Manfred did not want to get into that, but how do you handle a crime that, at least according to the law, was not committed?

After a long review, Chapman was given a 30-game suspension, which will take place at the beginning of the regular season, which pretty much means that he will have April and part of May off, and that is that. He can still participate in spring training, but he will lose about $2 million in pay for his indiscretion or possible indiscretion.

It is not a stiff punishment, per se, but it is a punishment.

Again, how can you punish someone for an action that the law of the land found to not have happened or at least without the cooperation of the other party, could not be tried to the fullest extent of the law?

There is a behavior clause in each and every baseball contract. It is rarely invoked, because by and large, major league baseball players behave themselves. There have been times here and there where the clause has had to be invoked--it certainly came up during the Alex Rodriguez investigation--but generally, it is in each contract and sits there unused.

But in this case where Chapman's conduct came into question, whether anything as heinous as what we originally heard actually happened or not, it put a stain on baseball, a stain on Chapman, and that stain had to be taken care of.

And that is why MLB is allowed to punish a player who, legally, didn't do anything, or at least didn't do anything that was punishable by the law.

Not only is there a behavior clause, but there is also a domestic violence policy in place in MLB, and that is where they got Chapman, even though he might not have done anything related to domestic violence.

The mere possibility is enough to suspend him.

As I said, this is very complicated.

Chapman throws the ball 100 mph on occasion, but he also threw himself for a loop by even the suggestion that the actions against his girlfriend occurred.

Even the suggestion that he did something threw off the Los Angeles Dodgers, who originally wanted this player on their team. They backed off on a deal with the Reds, and the New York Yankees came into the picture.

Having to deal with the ARod backlash over the past few seasons, the Yankees still couldn't be prepared for the backlash they got over their trade for Chapman.

But they are weathering the storm, having said they knew what they were getting into when they traded for him, and would monitor the steps leading up to any punishment, crossing that bridge when they got there.

Well, they got there all right, and Chapman, to his credit, won't fight the charge. He had said in the past that he would, and the player's union backed him.

But he came to his right mind on this. Take your punishment, learn from it, and don't involve the union or your new team in this shenanigan.

As it is, MLB is not done with domestic violence cases.

Really, the Chapman case might be the appetizer, but the main course is coming, and coming soon.

Jose Reyes is involved in another such case, but his case is actually going to trial in early April, right as the 2016 season commences. And there is also the Yasiel Puig case to deal with, another one that appears to be headed to court.

So Chapman's case may set the bar, but the Reyes and Puig cases, and their outcome, will really show how strong a stand MLB is going to take on such matters.

Chapman got 30 games, and even that is kind of odd, since PED users can get 50 games for their first misstep, and ARod got an entire year off to ponder what he did.

What's worse, beating up your partner or taking PEDs?

Again, this is very complicated, but it doesn't lessen the impact of domestic violence, one of society's worst crimes.

And you have to applaud MLB for doing something about it, right at the get go, and not putting its head in the sand like the NFL did.

They certainly learned from what the NFL went through, that this is not the way for a league to act when one of its players does something so appalling.

But again, it all goes back to that behavior clause in the MLB players' contracts, and the domestic violence policy that was recently enacted.

Without that clause and the policy, Chapman would have gotten off scott-free, but on the other hand, the law never prosecuted him for his supposed actions.

This is a legal quagmire, indeed, but MLB has taken a stand, and you can't argue with them.

Let's see what happens in the Reyes and Puig cases. Based on the Chapman case, even if found innocent, they will receive suspensions for their supposed actions.

Will the union back them, or will they take their punishment, even if it was found that they did nothing wrong or at least legally, they did nothing wrong?

Just the suggestion that they were involved in such heinous activity is enough to suggest that they should receive some punishment, but what happens in a situation where the significant other simply lied, for whatever reason, about such a situation--will the innocent player still receive a punishment simply by being implicated in a lie?

It becomes a "he said, she said" thing, and people do get themselves entangled in situations that may find them to be stupid, but not legally liable.

Yes, this is complicated, isn't it?

6 comments:

  1. No, not complicated at all. Let me give you the benefit of my 32 years of practicing law. Your premise that "it didn't happen" because the victim refused to press criminal charges is not supported by law. It's called "burden of proof". In a criminal matter you must prove the allegations "beyond a reasonable doubt". In a civil matter there's a lesser burden of "preponderance of the evidence", meaning "more likely than not". MLB can punish Chapman for what he did, regardless of whether criminal charges were filed. MLB doesn't need to wait for a criminal conviction in order to punish Chapman for his behavior. As I understand it, Chapman admitted that some of the allegations against him are true, e.g., that during this altercation he shot his gun 8 times. MLB did its investigation and determined that punishment was warranted. No "quagmire" here for anyone with a rudimentary understanding of common law principles.

    ReplyDelete
  2. Before you get on your high horse, the only thing that he admitted to was shooting off his gun, which has nothing to do with domestic violence. The police had nothing on him, his girlfriend might have been telling a story, we will never know. There was some type of conflict between the two, but he never shot the gun at her. The alleged choking incident may or may not have occurred. The behavior policy that MLB has in every player contract, and their new spousal abuse policy, is what they used to base their punishment on. And as I said in the last part of the Rant, what happens when a significant other, for whatever reason, implicates their spouse in a situation that is an out and out lie? What happens then? I applaud MLB for their response, but I have to think that in this country, you are still innocent until proven guilty. Here, you are guilty even if you have done absolutely nothing, and I have to wonder about that. As a lawyer, you should know that there are a lot of "he said, she said" incidences that go through the courts. People lie, for whatever reason. I think baseball will find, over time, that their policy against domestic violence is a good one, but it is not a "one size fits all" policy. It is going to have to be made elastic enough to not only punish the ones who deserve the punishment, but to allow those who have been wrongfully accused to go about their business. Being stupid is not a crime, attacking your spouse is, but they are being judged as one under this policy and the behavior policy, and that is wrong. On top of the fact, players who are caught with PEDs get an automatic 50-game suspension when caught the first time. Chapman got 30 games. Is PED use a worse crime than attacking your significant other? Even people like me with a rudimentary understanding of common law principles can see that there is a problem here. Again, I am not justifying Chapman's actions at all, but does the punishment fit the crime, in particular when there might not have been a "crime" committed related to domestic violence, just gun shots (which are bad enough)? I don't know at this point.

    ReplyDelete
  3. Do you actually read the news, Larry? http://espn.go.com/mlb/story/_/id/14878838/aroldis-chapman-new-york-yankees-suspended-30-games HE TOLD THE COPS HE POKED HER AND SHE FELL. "Chapman told police that he poked the woman on the shoulder and she fell to the ground. According to the police report, after family members broke up the altercation, Chapman said he went into his car, punched the passenger-side window and suffered a laceration on his finger. He also acknowledged firing eight shots from a handgun in his garage during the incident."

    ReplyDelete
  4. So, let's go over this again. OJ Simpson was not convicted of murdering Nicole Brown Simpson. OJ Simpson was found liable in a wrongful death action filed by Nicole's family. Different burden of proof.

    Chapman was involved in an altercation with his girlfriend, and other family members were present. The police were summoned. But he was not arrested or charged with a crime. That does not exonerate him. Chapman made statements that prove he did something, that is, he "poked" her and she fell down. And you don't know what the other family members present at the scene have to say.

    So yes, just by what was presented in the media there's enough evidence to support the penalty imposed by MLB.

    ReplyDelete
  5. Let's use another example. A teenager goes into a candy store, takes a Hershey bar off the shelf and puts it in his pocket. As he's about to leave the store, the owner stops him. The owner tells him "Put the candy bar back on the shelf and I won't prosecute you for shoplifting." The teenager complies. But the teenager doesn't know that his younger sister is in the store. She goes home a tattles to their mother. When the teenager gets home, his mother asks him "Did you take the Hershey bar?" He says "yes, but I put it back." Mom thanks him for his honesty, and then grounds him for a week for stealing. That's essentially what happened between Chapman and MLB.

    ReplyDelete
  6. And, by the same token, I am wondering what reports you are reading. Just in today's Newsday, they mentioned that the police report noted that the police did not observe any injuries or even redness anywhere on her neck or chest. If there had actually been some type of skirmish, she should have gone ahead and tried to have, at the very least, an order of protection put on him. She did not. It is getting clearer by the moment that his punishment has more to do with the gun situation than anything else, not with the supposed spousal abuse angle that everybody jumped on, so the real test of the MLB policy will, as I said, be when Jose Reyes actually stands trial for a situation that actually did happen. We cannot go on a witch hunt here, and while I am not saying that Chapman is an angel by any measure, nobody will probably ever know what really happened between him and his girlfriend, but at least legally, it wasn't domestic violence. Why his girlfriend recanted, or even implied that he did what she originally said he did, is anyone's guess.

    ReplyDelete

Note: Only a member of this blog may post a comment.