The Punishment Did Not Fit The Crime

By Scott Daniels, Esq., NFL Draft Bible Contributor

In criminal law, the essence of retribution can be summed up in one sentence; "Let the punishment fit the crime." It's an ancient principle that dates back hundreds of years and the principle still holds true today. Severity of a crime and the punishment it deserves can certainly be debated in almost every criminal scenario, however, there is no excuse for the punishment that Donte Stallworth received after pleading guilty to DUI manslaughter last month.

In a highly publicized and controversial ruling, Stallworth was sentenced to 30 days in prison for killing a pedestrian while driving intoxicated in Miami, Florida. Stallworth's blood alcohol level was well above Florida's legal limit of .08 and Stallworth openly admitted to consuming a variety of alcoholic beverages hours before the accident took place. Stallworth claimed that 59 year old Mario Reyes had been walking outside of the designated cross-walk when the collision occurred, but Florida's strict DUI manslaughter laws provide that a defendant can be found guilty if his/her intoxication while driving caused or contributed to the death of the victim.

Even if we assume that Reyes may have contributed to his own fate by choosing not to cross the street at the designated cross-walk, Stallworth's unspeakable decision to operate his vehicle while under the influence of alcohol certainly was a factor in Reyes' death. There is no doubt it was a contributing factor. More importantly, Stallworth admitted he was a contributing factor.

So how come the sentence was so lenient?

Stallworth's admission to committing the DUI manslaughter is equivalent to a conviction. He chose to plead guilty and accept responsibility for his actions rather than roll the dice with a jury. While his plea is commendable, it doesn't hide the fact that a person's life was lost due to the Stallworth's lack of judgment. DUI manslaughter in the state of Florida carries a sentence of up to 15 years if convicted.

Stallworth admitted guilt. He acknowledged he was at fault in the death of Mario Reyes. A 30 day sentence for this crime is borderline ludicrous. And if you think that's bad, Stallworth only served 24 days and was released earlier today.

I understand that Stallworth was cooperative throughout the investigation. It's clear that Reyes' family wanted to move on from this ordeal and there's no question that Stallworth will have to live with this tragedy for the rest of his life. But I see a much larger problem with this situation.

Criminal justice serves two main purposes. Retribution and deterrence. Criminals should be punished for their actions and the sentences laid down by Judges should also serve to prevent the criminal and those alike from engaging in similar conduct. Imposing a 30 day prison sentence on a high profile NFL star for committing the crime of DUI manslaughter accomplishes neither purpose. 30 days in prison for DUI manslaughter is flat out insufficient and downright unjust. Additionally, what kind of deterrence was the Judge shooting for when he sentenced Stallworth? A light sentence like this does nothing to scare or deter future offenders. It also leads the public to believe that money and prestige can buy a favorable outcome.

The Judge who sentenced Stallworth in this case had an opportunity to make a point. He had a large platform and a national audience paying very close attention to this story. He had the ability to prove to the public that harsh consequences await those who drink and drive. He also had the ability to show that status in society and large bank accounts mean nothing in the court of law. But rather than deliver a sentence that would accurately reflect the crimes of Stallworth and send out a clear message to those who feel the need to drink and drive in the state of Florida, the Judge here felt 30 days would suffice. To call this a mistake would be an understatement of epic proportions.

Roger Goodell has decided to suspend Stallworth indefinitely and I hope the commissioner sees and understands the heinous crime that was committed here. This isn't the first time the NFL has seen this situation and I can't say whether it will be the last, but Goodell has a great opportunity to inflict a punishment that might actually deter current and future players from acting the way Stallworth did.

As for our fair and equitable criminal justice system, I only hope that Judges won't make the same mistake as this one did here.

THE LEGAL LINE SHOW IS BACK - WEDNESDAY MAY 13th @ 9PM

NFL Conspiracies, blatant abuse of power, possible game fixing. These are just a few of the topics discussed in They Call It A Game, authored by former NFL great, Bernie Parrish, who will be stopping by to discuss the evolution of the NFL and some of the realities of the most popular professional sport in America.

Mr. Parrish will also join me to discuss the new lawsuit filed against EA Sports involving a former college athlete attempting to recoup millions of dollars.

You definitely do not want to miss this interview. Click on the title of this post or simply cut and paste the link below into your browser. Enjoy

http://www.blogtalkradio.com/All-Access-Football/2009/05/14/LEGAL-LINE-SHOW

LEGAL LINE LIVE PODCAST IS BACK - TONIGHT @ 9pm

The infamous Legal Line Show on Blog Talk Radio returns tonight and what a show it will be. I will be breaking down everything affecting this year's NFL Draft as well as an update on DeMaurice Smith's progress as the new NFLPA leader. How serious would a lockout be and are players aware of the potential fallout and ramifications?  My goodbye to the famed Philadelphia Phillies broadcaster, Harry Kalas.......Travis Henry is back in the news again and Florida International basketball hires Isiah Thomas.

Tune in tonight......

http://www.blogtalkradio.com/stations/fantasysportschannel/All-Access-Football/2009/04/16/LEGAL-LINE-PRE-DRAFT-EDITION

STALLWORTH'S INCIDENT A REMINDER OF THE PAST

DUI Manslaughter. This is what Dante Stallworth is being charged with after he struck and killed a pedestrian crossing the street in Miami, Florida. Stallworth's attorney, Christopher Lyons, has stated that he will "vigorously" defend the case. As an attorney myself, I applaud Mr. Lyons' intentions, however, Stallworth doesn't have much of a defense.

For one, Stallworth's blood alcohol level of 0.12 has been officially confirmed by Miami police. And secondly, but just as important in a DUI manslaughter case, a death was a direct result of Stallworth's poor choice in driving under the influence of alcohol.

The defense will surely argue that the deceased pedestrian in this case attempted to illegally cross the street in some way, but in front of a jury, this defense will most certainly not be enough in a criminal case.

I suspect that Stallworth and his team of attorneys will try as hard as possible to enter into a plea deal, but prosecutors in Florida will be hard pressed to do so seeing that this case has already drawn a frenzy of media attention. If the Miami District Attorneys Office offers a plea deal to high profile NFL player, it will give the impression that money and status can keep anyone out of prison. The bottom line is, a human being was killed because of Stallworth's actions.

There's also the question of whether or not Stallworth will be allowed back in the NFL again. If Stallworth should be convicted of this crime, would Roger Goodell ban him for life? Maybe. But this isn't the first time we've seen something like this.

Remember Leonard Little? He was drafted in the 3rd round by the St. Louis Rams in 1998 and signed a three-year $1.2 million contract. Later that year, following a birthday party, Leonard got behind the wheel after consuming several drinks and killed a forty-seven year old woman. Leonard's blood alcohol level was 0.19. The state of Missouri's legal limit was .08. Little served 90 days in jail and received four years probation.

So how did the NFL handle Little's infractions?

He was suspended the first eight games of the 99' season and was back in the league as if his past was forgotten. In fact, in 2002, Little managed to ink a five-year $17.5 million contract with the Rams.

Back in 1999, Paul Tagliabue was commissioner and things were considerably less stringent in terms of league sanctions for off-the-field infractions. But in today's NFL, Roger Goodell has made it a point to harshly penalize those players who are unable to abide by the law.

While Stallworth's situation has a striking resemblence to Little's, Stallworth faces an uphill battle if he plans to play in the NFL again. Goodell's track record indicates that he will not be soft on Stallworth and a long, drawn out trial will only hurt him. I would not expect to see Stallworth on the playing field anytime soon.

THE DAWN OF A NEW ERA

The NFL is finally moving forward after the passing of former Union leader Gene Upshaw. The new head of the NFL Player's Association is not only facing a potential lockout in the near future, but the nation's economic hardships have had a severe impact on the league. Responsibility is beyond high for this post, yet prestige is minimal. Any takers?

Sunday, March 15, 2009 marked the beginning of a new era for the NFL. DeMaurice Smith, a prominent attorney from the D.C. area was unanimously selected as the new NFLPA Executive Director. Smith succeeds the late Gene Upshaw, who passed away last August and emerged as the union's new head after getting selected over the likes of NFL stars Troy Vincent and sports attorney David Cornwell.

Smith, who was voted to a three year term, has his hands full. NFL owners and the NFLPA are at odds over the current collective bargaining terms and specific owners have already voiced their concerns over revenues. The owners specifically feel that the current revenue agreement favors the players citing that 60% of revenues going to them is way too high.

If a deal is not reached prior to the 2010 season, it will be an uncapped season allowing teams to mimic the New York Yankees aggressive tactics in obtaining players. Simply put, large market teams will dominate smaller ones in free agency. But more significantly, there is some concern that if the salary cap is lifted, it will most likely be abandoned by the league.

If a possible lockout wasn't enough, Smith is also taking office in one of the worst economic climates since the inception of the league. While the NFL remains to be the most popular sport in America, fans across the country are more concerned with holding onto their jobs rather than holding onto their season tickets. The poor economy may not have played a role in Albert Haynesworth's $100 million contract, but 2009 will certainly be a trying year for many NFL franchises.

Finally, the rift between the union and retired players continues to stir controversy over whether or not the league is doing enough for former players who are now disabled. Disability advocates across the country are banding together to urge the union back to the bargaining table in an effort to get more benefits to former players.  As the new leader of the NFLPA, Smith will be at the forefront of this controversy and will be tested immediately. 

All indications that Smith will succeed at his new post are favorable. With ties to our nation's new President, Smith has the opportunity to make a name for himself should he be able to weather the tumultuous storms facing the NFL. 

As we like to say in the legal community, "time is of the essence" with respect to Smith's competency as the new NFLPA leader. With a lockout looming and serious issues still yet to be resolved, Smith will be a focal point of change as we enter a new era in the NFL.

Donte Stallworth Facing Manslaughter, DUI.....

Cleveland wide receiver Donte Stallworth is making headlines this week and for all the wrong reasons. Last weekend, Stallworth was driving to Miami beach in his luxurious Bentley when he hit and killed 59 year old Mario Reyes, a pedestrian crossing the street. Initial reports were unclear as to whether Stallworth was under the influence of drugs or alcohol and whether the Reyes had crossed at a legally designated crosswalk. But today, many major media outlets are forecasting the worst for Stallworth.

A report that has surfaced, but has yet to be officially confirmed, shows that Stallworth had a Blood Alcohol Level of .12, which is above the legal limit of .08 in Miami, Florida. Stallworth already admitted to drinking a few margaritas and shots of patron the night before, but claims he stopped drinking at midnight. Regardless of when he stopped drinking, if this report turns out to be accurate, criminal charges are almost a guarantee.

The question for prosecutors in Miami will be whether to charge Stallworth with manslaughter. If they decide to go this route, Stallworth could be facing penalties upwards of 15 years in prison. 

The investigation is obviously ongoing and the Miami District Attorney's Office has yet to confirm this damaging report, but I can assure you, if this report is accurate, Donte Stallworth's career in the NFL is in serious jeopardy.

2009 NFL COMBINE CONCLUDES - NFL Draft Bible Is On Location

The 2009 NFL Combine has officially come to a close and we are only a few months away from one of the most anticipated events of the year; the NFL Draft.  With a field of stellar talent across the draft board, who will be this year's rookie phenom?  

I will be hosting a special edition of NFL Draft Bible's Coverage of the Combine and will be speaking with NFL Draftbible correspondents that were on location in Indianapolis as well as featured players who had the opportunity to participate.

For the legal enthusiast, I am pleased to be joined by fellow attorney John Hogan, a disability specialist with over 25 years of expertise in the legal field.  Hogan has been a key player in fighting for the disability rights and benefits for former NFL players.  He will graciously join me to discuss some of the changes he has proposed to Commissioner Goodell in the hopes of reforming the disability plan set forth by the NFL.

Click on the link below or simply click the title of this article to listen in.........

http://www.blogtalkradio.com/All-Access-Football/2009/02/26/NFL-Combine-On-Location

Political Publicity Stunt? Or Just Plain Stupidity?

By Scott Daniels, Esq., NFL Draft Bible

Mission Statement of the Utah Attorney General's Office

The mission of the Office of the Utah Attorney General is to uphold the constitutions of the United States and of Utah, enforce the law, provide counsel to state agencies and public officials, to work with law enforcement and protect the interests of Utah, its people, environment and resources.

With our team of highly qualified attorneys, investigators and staff members, we ensure the law is upheld and the rights of all citizens – no matter how young or old – are preserved. We especially focus on protecting children. We also make every effort to educate the public about safety, justice, liberty and equal opportunity.

As we see it, it is our duty to diligently work with integrity every day to fulfill these responsibilities as we serve the citizens of Utah. That is our entire focus. That is our mission.
____________________________________________________________________

Mark Shurtleff, Utah Attorney General, appears to have misinterpreted his own mission statement.

Apparently, Shurtleff feels that the good people of Utah were legally harmed by the evil Bowl Championship Series. Afterall, it seems perfectly legitimate to launch an investigation into alleged antitrust violations by the BCS immediately after the University of Utah defeated Alabama in the Sugar Bowl, prompting many to argue that Utah should be considered the nation's top college football team.

Is this guy serious? Does he not value his position as Attorney General? And haven't we seen this fiasco once before with the outspoken United States Senator, Arlen Specter, and his crusade against the NFL in the wake of the SpyGate conspiracy?

Shurtleff claims in his mission statement that his office will attempt to protect the interests of Utah, its people, environment and resources. How does going after the BCS in the court of law protect anyone other than the people associated and monetarily connected to the University of Utah? Last time I checked, citizens of Utah were not entitled to any of the millions of dollars given to the University of Utah for participating in this year's Sugar Bowl.

More importantly, how is Shurtleff's pointless attack on the BCS protecting the resources of the state of Utah? We are in a recession. The national economy is in horrible shape. Unemployment numbers are staggering. State agencies are hurting for money and the mighty attorney general from Utah wants to use his scarce resources to investigate an obvious flawed format that is the BCS.

What is it with elected officials and their obsession to be recognized? There is no way this Attorney General can justify an investigation into the BCS. This is college football. The BCS is governed by several collegiate conferences. The University of Utah is not the only school that has been snubbed by the BCS. And the fact that the Utes may be at a financial disadvantage because they are virtually ignored for a National Title bid does not warrant a full scale investigation by the state's highest lawyer by stature.

I don't care how he spins it, Attorney General Shurtleff is blatantly imitating the actions of United States Senator Arlen Specter, who finally gave up his crusade against the NFL after crucial evidence turned out to be bleak at best. Shurtleff may raise valid and thought provoking issues that might influence change to our current BCS format, but he is in no way fulfilling his civil duty as an Attorney General.