ADVERTISEMENT

Domestic violence charges against Ray Rice to be dismissed

cigaretteman

HR King
May 29, 2001
77,650
59,216
113
Domestic violence charges against back Ray Rice were expected to be dismissed Thursday by an Atlantic City judge, who determined that the former Baltimore Ravens running back had completed a pretrial intervention program.

Rice entered a not-guilty plea to charges of knocking out his now-wife in a casino in February 2014 in exchange for entering the program, which is typically used in New Jersey for first offenses “when such services can reasonably be expected to deter future criminal behavior.” However, ESPN’s “Outside the Lines” noted that diversionary programs are usually applied in victimless crimes.

Judge Michael Donio confirmed to ABC News that he would sign the dismissal order Thursday.

Rice was accepted into the program, which runs for a minimum of one year, last May and successfully completing it means that the third-degree charge of aggravated assault would be dismissed. The arrest would, however, remain on his record, minus the conviction.

“This decision was arrived at after careful consideration of the information contained in Mr. Rice’s application in light of all the facts gathered during the investigation,” prosecutor Jim McClain said a year ago. “After considering all relevant information in light of applicable law it was determined that this was the appropriate disposition.”

Rice was initially suspended for two games by the NFL, prompting an uproar after video of the knockout punch was posted by TMZ. Rice was cut by the Ravens and suspended indefinitely by the NFL. However, that suspension was overturned on appeal and Rice, 28, has been free to play again. He has remained unsigned.

http://www.washingtonpost.com/blogs...ges-against-ray-rice-to-be-dismissed/?hpid=z4
 
I guess for me it comes down to what the victim wants. If she's ok with it being dismissed then whatever.

Personally, I think he deserves some jail time.
 
I guess for me it comes down to what the victim wants. If she's ok with it being dismissed then whatever.

Personally, I think he deserves some jail time.

I'd imagine she'd prefer that he be drawing an NFL paycheck somewhere rather than sitting in jail. Sadly, her decision may come down to that.
 
Perhaps because she may feel she's force to remain in a relationship with him for financial reasons.


That's not sad if that's why she's staying with him....


That makes her a gold digging h0. Now if she's with him after he beats her and for the money, she's a dumb gold digging ho.
 
Perhaps because she may feel she's force to remain in a relationship with him for financial reasons.

Well that might be sad, but that isn't what you seemed to be commenting on. You thought it was sad that she would prefer an NFL paycheck to him sitting in jail.
 
I'd imagine she'd prefer that he be drawing an NFL paycheck somewhere rather than sitting in jail. Sadly, her decision may come down to that.
Do we even know if she had a say in the matter? I don't know about New Jersey, but I know that in at least some states the victim cannot drop the charges. Once probable cause is established and charges are filed it's not Ray Rice v Ray Rice's wife. It's Ray Rice v The People of the State of New Jersey.

Obviously if it was a case of her word against his and she made it clear to the prosecutors that she wasn't going to cooperate then they presumably would drop the charge instead of wasting time and money. But in this case there is clear video evidence against Rice. The prosecutors shouldn't need any help from Janay to get a conviction.

I think this basically comes down to the wealthy once again buying the best legal representation.
 
I think this basically comes down to the wealthy once again buying the best legal representation.

Think you pretty much nailed the first part, so I cut it out. Wanted to quibble about the second part, it isn't the wealthy as a problem, it is a poor-problem. The poor often get bad representation. The system would greatly improve if they just raised the poor-legal-representation bar to competent.
 
  • Like
Reactions: cigaretteman
Think you pretty much nailed the first part, so I cut it out. Wanted to quibble about the second part, it isn't the wealthy as a problem, it is a poor-problem. The poor often get bad representation. The system would greatly improve if they just raised the poor-legal-representation bar to competent.
Recommendations on how to do this. How do we measure what is considered "poor legal representation" to what is minimally acceptable legal representation? Who makes this determination, who grades these performances? I'm not trying to be argumentative, I just think it's easier to say we need to provide better legal representation for the poor then it is to put into practice.
 
Recommendations on how to do this. How do we measure what is considered "poor legal representation" to what is minimally acceptable legal representation? Who makes this determination, who grades these performances? I'm not trying to be argumentative, I just think it's easier to say we need to provide better legal representation for the poor then it is to put into practice.

The easiest, most logical, but hardest-to-prove-would-work is to increase pay for the public defender/court appointed lawyers. I would say lawyers self-regulate, and do a pretty good job of it overall...the problem is those who care, and are good at it, don't care/won't do it. For instance: There are very good criminal defense lawyers, but they aren't doing public defender work (in general), and they don't spend their time determining whether those who do public defender work are doing it, even remotely, correctly. The families of the poor are poor, therefore they don't call these lawyers for help, this gets further perpetuated by the "can't do anything about it" mindset that results. The lawyers who are then checking on the other lawyers in these cases are other public defenders, who are often in the same position.

Note, this is not an attack on public defenders, it is an attack on the system that breeds the issue. Firing bad public defenders makes the situation worse.

Let me give a real world example: The Iowa Supreme Court recently came out with a decision, basically, saying that the lowest level criminal charges (simple misdemeanors) who aren't facing jail-time aren't Constitutionally guaranteed a public defender attorney, BUT if they don't waive that right to counsel specifically, the prosecutors can't enhance a future charge based on that. The idea being that, without legal counsel, they don't understand that an identical future offense might lead to jail time, even though it can't this time. (think stealing a pair of sunglasses = no jail time, but a second offense = jail time). (Also, the Register's summary of the ruling is terrible).

Ok, so why is that important? Really, overall it isn't, but the response (by some, including a lawyer-legislator) was: Introduce legislation that lowers public defender pay from $60/hour to $25 on these misdemeanors. Why? Obviously to stop lawyers from taking the case. Let me say that again: The response to a Supreme Court determining that criminal defendants should have right to counsel was to try and stop lawyers from taking the cases.

So, I go back to my first, easiest point, raise potential pay for the lawyers and more qualified ones are likely to sign up, or under-qualified ones can afford to improve.

But what I would really like to see, in Iowa, is comprehensive misdemeanor reform. It is long past due that we restructure our criminal classifications and take a long, hard look at what we want to send to jail (and pay for).

Glad to see you are still alive Phantom.
 
Yes, the answer to the problem is to give the lawyers more money. That’ll fix everything. ;)
 
Yes, the answer to the problem is to give the lawyers more money. That’ll fix everything. ;)

Well one certainly can't think that reducing money to the lawyers will fix it, right?

We're talking about public defender pay, $60/hour, it ain't much. The State is paying hundreds of dollars per hour to defend against the lawsuits filed against Branstad.
 
  • Like
Reactions: cigaretteman
ADVERTISEMENT
ADVERTISEMENT