America and Collateral Damage and Double Jeopardy
The career record of Joe Paterno will reflect these vacated records, the NCAA said. Penn State must also reduce 10 initial and 20 total scholarships each year for a four-year period.
Penn State sanctions
• $60 million fine
• Vacation of wins from 1998-2011 (112 wins)*
• Four-year postseason ban
• Players may transfer and play immediately at other schools
• Athletic department on probation for five years
* Joe Paterno record now 298-136-3; fifth on FBS all-time list
Does the end REALLY justify the means? Do the students need to suffer for the acts of their administrators and coaches? Shouldn’t accountability be put onto those responsible and not the players? Doesn’t this victimize even more students? Those already suffering do NOT need to be slapped again ! Fire the administrators. Fine the administrators. Indict the administrators, but leave the students and victims alone! The NCAA has performed a very SLOPPY act! Their logic follows the same logic as sloppy military behavior that kills innocent victims while targeting a combatant!
WIKI defines Collateral Damage as something incidental to the intended target is damaged during an attack. When used in conjunction with military operations it can refer to the incidental destruction of civilian property and non-combatant casualties.
I describe Collateral Damage as just plain SLOPPY behavior!
The dictionary defines SLOPPY as an adjective.
- (of semifluid matter) Watery and disagreeable or unsatisfactory: “do not make the concrete too sloppy”.
- Careless and unsystematic; excessively casual.
There seems to be a culture of acceptance for perpetrators of crimes. Targeting the actual criminals is convoluted when it comes to BIG money. White collar complicity is acceptable, while all others must pay … even the victims. The ruling by NCAA has put the students and players in ‘double jeopardy”. The students are being victimized twice instead of punished twice. I am substituting the word VICTIM for the word PUNISHMENT.
The Fifth Amendment to the United States Constitution provides:
- [N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb . . . .”
The Double Jeopardy Clause encompasses four distinct prohibitions: subsequent prosecution after acquittal, subsequent prosecution after conviction, subsequent prosecution after certain mistrials, and multiple punishment in the same indictment. Jeopardy “attaches” when the jury empanelled, the first witness is sworn, or a plea is accepted.
The United States system of justice has drifted away from a clear path of accountability and punishment. This past decade of financial misconduct has victimized the public trust several times. The perpetrators are still out there and free to figure out how to recoup their losses. The Penn State students, faculty and sports figures have been punished for the acts of their White Collar perpetrators. This is judicial sleight of hand. America’s justice system is filled with magicians who present very successful shell games. Now you see the criminal, now you don’t. If you were in the vicinity, you must be guilty. Lets use a shotgun approach and take out the whole group. NCAA has made sure past and present students will pay for going to the school that permitted an atrocity. The idea that someone has to be punished, regardless of who it is, is very sick. America has swerved off target.
I am waiting for the other boot to fall. I am waiting to see actual justice instead of pure theater. I am waiting for sincere apologies for the miscarriage of real justice.