Friday, March 02, 2007

3 Strikes and You're Out....or are you?

We all know baseball is "America's Pastime" and that "it's 1-2-3 strikes your out at the ol' ball game". But why does this have to extend to real life? The three strikes rule was put in place in baseball by it's supposed founder, Alexander Cartwright, in 1845 arbitrarily (and it was briefly changed 40 years later to 4 strikes). Applying an arbitrary standard like "three strikes" simply because it works out in baseball seems slightly insipid, and not necessarily good legal policy. In California we have a "3 Strikes and You're Out Policy" in regards to felony convictions. In a few states, there are gun laws called "10-20-Life" which are essentially the same thing. Now the NFL is considering a "3 Strikes" policy for it's players regarding legal problems. We often tell people you never get a second chance in life, but today we are giving people (at least) 3 chances when it comes to breaking the law.

Colin Cowherd on ESPN Radio was discussing this last Monday and his position was that "good, decent people don't get arrested 3 times from age 22 to about 33-34, which is about the average length of a pro career" in defending the move by against claims from callers that "sometimes things happen" and that discrimination might lead some to getting arrested.

The NFL is considering the policy after a particularly heinous run of player legal offenses over the last 18 months (some of which I noted a few months back), particularly Tennessee Titans cornerback Adam "Pac-Man" Jones, Chicago Bears lineman "Tank" Johnson, and Cincinnati Bengals wide receiver Chris Henry who each have 3-4 arrests in the last 2 years. Most recently, Jones was involved in a shooting at a Las Vegas strip club which also involved him "making it rain" $81,000 cash on the strippers, then demanding his money back, only to have it seized by the police.
The NFL is trying to avoid picking up the "thug" image that has so tarnished the NBA since the late 90's, but goons like these are making it difficult.

My feelings on the situation are more of less summarized by Jemele Hill of ESPN.com:
"If the NFL patterned a three-strikes code of conduct program after its substance abuse policy, it would be revolutionary, welcome and a perfect way to combat behavior that is truly embarrassing and unruly...Of course, any NFL behavioral policy would have to be written so that it's not based strictly on convictions. Not all players who are arrested are guilty. Not all those who claim to be innocent actually are. And being arrested for a suspended driver's license should not be put in the same category as domestic violence.
Yes, that would force the NFL to play detective and judge. But the perception of the league is at stake."


In other "3 Strikes" news, Japanese wunderkind Daisuke Matsuzaka (progenitor of the mystical, magical, Gyroball (See it for yourself here) makes his first spring training start in about half an hour. The entire baseball world is waiting to see what will happen, if he appears to be worth the hundred million dollar wrangling the Red Sox had to endure to bring him in.

...Unfortunately, he won't be playing against real major leaguers; he won't even be playing against minor league players. No, his start Friday evening in Florida will be against.....Boston College.
That's 1 strike for the Red Sox for even scheduling a game against BOSTON freaking COLLEGE, and Boston already has 1 strike for that ridiculous Aqua Teen Hunger Force "terrorist hoax" debacle.

If Daisuke blows it tonight against BC, that's three strikes and Boston's out....of the Union; no more free rides for historical significance.

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