A Little Clarification on the Stallworth Sentencing

One of the explanations I keep hearing about why Donte Stallworth got a lighter sentence is that the victim's family took a civil settlement instead of pushing for criminal charges. I heard explanation a lot and it upsets me because it is misleading and it impliedly makes the victim's family look money grubbing while it casts the prosecution as helpless to do anything after the family had settled. This is not necessarily the case. Criminal law is not really set up just for the victims but rather is supposed to punish the offender on behalf of society. Civil law, where one sues the wrongdoer for damages, is designed to compensate the victim for the loss. If you read case names of criminal cases or even if you just watch Law and Order you will see cases with names like State v. Defendant or People v. Defendant while in civil cases it is Plaintiff v. Defendant. This is because the prosecutor does not represent the victim, she represents the interests of the people of the state.

Of course, most prosecutors do consult with the victim and listen to how the victim feels because the vicitm is the person most affected by the crime. However, the prosecutor is not bound by the victim's decision not to push for further charges. It might make for a more difficult case to have to call the victim to the stand against her will but it is not impossible. So while the victim's decision is a big factor, it is not the ultimate factor in deciding whether or not to seek a higher penalty. Writers and talk show hosts should be more careful in addressing this issue because the prevailing theory is a little misleading and unfair to the victims and too generous to the prosecution.

One more thing: When we look at big stories like this we tend to compare each case to the other to weigh the fairness (i.e. Michael Vick got a hasher sentence than a man who killed another human). Our legal system isn't really set up to work that way. We try, at least, to view each case individually. It really shouldn't matter what happened in another jurisdiction under a different set of facts. The more appropriate analysis is whether the punishment was fair in each particular case.

Disclosures

I am squarely in the camp that believes that it is nearly impossible to read a truly unbiased article. I think that this applies to sports as well as politics or current events - though it is considerably far easier to be neutral about sports than politics.

I've decided to disclose the teams I am a far of to 1. explain why certain teams may get more attention than others; and 2. to let my readers know about any potential biases I might have and to let them be able to call me out on it.

With that said, here is my sports fanhood full disclosure. I am an avid fan of the San Antonio Spurs and the Dallas Cowboys. I consider myself a fan of the Texas Rangers but I follow baseball far less closely than basketball or football. I grew up in San Antonio which explains my affinity for the Spurs. Many people probably don't realize that San Antonio is a very strong Cowboys town as well but it the Boys have a very strong foothold on the South Texas market.

I moved to Dallas after my sophomore year of high school, which was great for my interest in the Cowboys but more difficult for me as a basketball fan as I had moved to Dallas just as the Mavericks were beginning to assert themselves as a power in the Western Conference. I remained a strong Spurs fan and my loyalty was rewarded in 2003 when I got to watch with glee as the Spurs blew through the Mavericks on the way to the title.

I moved to Houston for law school and I follow the Houston sports teams about as much as any expatriate sports fan follows his new city's teams. If the blog occasionally, gets a little Houston centric this is why.

As I said earlier, I will try not to let my rooting interests impact my judgment but that is a promise no fan can truly make...

About This Blog

I decided to start this blog because I love sports and I am fascinated by how sports transcends and even impacts other larger issues in society.

I am a lifelong sports fan and I played sports about as far as my talent would take me (sadly this was little beyond high school basketball but I firmly believe I went as far as a 6'2' slow, husky power forward with no shooting ability can go). However, like most sports fans I continue to follow and care deeply about those who can play at a level far beyond my own.

I am a recent law school graduate but I don't have nor do I claim any experience or expertise in sports law. While I may on occasion draw on my legal education in discussing a topic, I do not intend for this to be a sports law blog - there are many far more experienced and far more dedicated forums for sports law discussions than this.

This blog will discuss the big issues in sports that reach beyond the field. As I have a career outside of this area, this is a hobby to me so I cannot promise multiple daily postings and up to date stories. What I will try to do is provide a reasoned, if occasionally irreverent take on those big issues in sports.