NorthHawk wrote:I think the judge will let him off easy. I don't know why I think that, just a feeling I have.
The NFL punishment will be interesting because this is a black eye on their reputation - and we can see how he is treated compared to Irsay for the DUI part.
The Airport incident has also yet to be resolved, isn't it?
That's another potential hit for the NFL to rule on.
NorthHawk wrote:I think the judge will let him off easy. I don't know why I think that, just a feeling I have.
The NFL punishment will be interesting because this is a black eye on their reputation - and we can see how he is treated compared to Irsay for the DUI part.
The Airport incident has also yet to be resolved, isn't it?
That's another potential hit for the NFL to rule on.
HumanCockroach wrote:I'm not saying he shouldn't get at least a full season, I'm just relaying what's being reported. If he plays, he plays, not one to encourage the loss of a player from any team to "help" mine, regardless of circumstances, just think it shows an uneven process and favoritism by the NFL if he doesn't get a significant suspension. Good Lord, they suspended Browner for a year, when he missed test while NOT employed by the league, but Smith endangering LIVES is somehow viewed as a lesser crime?
Hell PED suspensions are minimum 4 games, how does that balance?
RiverDog wrote:HumanCockroach wrote:I'm not saying he shouldn't get at least a full season, I'm just relaying what's being reported. If he plays, he plays, not one to encourage the loss of a player from any team to "help" mine, regardless of circumstances, just think it shows an uneven process and favoritism by the NFL if he doesn't get a significant suspension. Good Lord, they suspended Browner for a year, when he missed test while NOT employed by the league, but Smith endangering LIVES is somehow viewed as a lesser crime?
Hell PED suspensions are minimum 4 games, how does that balance?
Exactly. IMO the Commish should suspend him for a year. There are a total of 6 felony or misdemeanor charges that he's essentially plead guilty to, any one of which is at least the equivalent of a PED violation, with the possible exception of the airport incident. I'd be saying that even if he were a Hawk. Just think of the contrast between Goodell and the NBA, who issues a LIFETIME ban to one of their owners for politically incorrect remarks and the NFL lets a 3 count convicted felon off with just a mild slap on the hands.
As far as what the judge hands down, I'm pretty confident that Smith won't receive preferential treatment. They know that the spotlight is on and most don't want to be seen as soft on crime. If anything, I think he gets treated more harshly than the average Joe.
Futureite wrote:RiverDog wrote:HumanCockroach wrote:I'm not saying he shouldn't get at least a full season, I'm just relaying what's being reported. If he plays, he plays, not one to encourage the loss of a player from any team to "help" mine, regardless of circumstances, just think it shows an uneven process and favoritism by the NFL if he doesn't get a significant suspension. Good Lord, they suspended Browner for a year, when he missed test while NOT employed by the league, but Smith endangering LIVES is somehow viewed as a lesser crime?
Hell PED suspensions are minimum 4 games, how does that balance?
Exactly. IMO the Commish should suspend him for a year. There are a total of 6 felony or misdemeanor charges that he's essentially plead guilty to, any one of which is at least the equivalent of a PED violation, with the possible exception of the airport incident. I'd be saying that even if he were a Hawk. Just think of the contrast between Goodell and the NBA, who issues a LIFETIME ban to one of their owners for politically incorrect remarks and the NFL lets a 3 count convicted felon off with just a mild slap on the hands.
As far as what the judge hands down, I'm pretty confident that Smith won't receive preferential treatment. They know that the spotlight is on and most don't want to be seen as soft on crime. If anything, I think he gets treated more harshly than the average Joe.
Lol this isn't Texas. Tell me what the average Joe would get in CA.
HumanCockroach wrote:If I was you Future I would be FAR more concerned with the one to twenty year portion of that ( and Aldon should be even more concerned than you)
NorthHawk wrote:As the title of this thread says, he plead No Contest which is different than guilty.
It means it can't be used against him in a civil procedure.
With Goodell being a lawyer, will that be taken into account when he metes out punishment or will he consider Smith guilty even though he never admitted guilt?
Consider that he was never found guilty of a crime, even if he is sentenced in criminal court as if he were. It's been my experience with lawyers (however limited) that they pay a lot of attention to what we might consider minor differences in terminology.
If the court lets him off easy in part for not taking up time with a trial, Goodell might follow suit.
I just hope this is a life changing event for Smith.
RiverDog wrote:I like you a lot, Future, and have stuck up for you on more than one occasion. IMO you are a valuable member of this forum and not just some troll.
But you're just plain wrong about Aldon Smith. I don't doubt that the jail time will be light. As I said, he'll probably get a year then have several months knocked off for good behavior, and so long as it's consistent with others that have similar convictions, I won't raise a finger if he only gets 4 months as you're saying. That's not the issue. The problem is the manner in which you are defending him. He's plead no contest to SIX separate charges, serious charges. You have to be a frigging moron not to realize that gun laws vary drastically from state to state. Where was he when Plaxico Burgess had the book thrown at him when he accidentally discharged his gun? Ignorance of the law is no excuse. And the DUI's? Twice the legal limit at 7 in the morning when he had practice later in the same afternoon? The guy needs help, and hopefully there aren't many people like you that are rationalizing his behavior because he's not going to get it if that's the attitude.
Goodell needs to come down hard on this guy. Anything less than a year suspension will be a travesty IMO. Roach, Kal, and the others are exactly right when they contrast other issues in which the league has taken disciplinary action on. This isn't just a one time mistake that can be overlooked or forgiven. And if he's unwilling or unable to change, he needs to be run out of the league. And I'm not saying that because I'm some biased Seahawks homer. I'd be advocating the same action if it were Russell Wilson that was in the predicament Smith is in.
HumanCockroach wrote:NorthHawk wrote:As the title of this thread says, he plead No Contest which is different than guilty.
It means it can't be used against him in a civil procedure.
With Goodell being a lawyer, will that be taken into account when he metes out punishment or will he consider Smith guilty even though he never admitted guilt?
Consider that he was never found guilty of a crime, even if he is sentenced in criminal court as if he were. It's been my experience with lawyers (however limited) that they pay a lot of attention to what we might consider minor differences in terminology.
If the court lets him off easy in part for not taking up time with a trial, Goodell might follow suit.
I just hope this is a life changing event for Smith.
http://www.nolo.com/legal-encyclopedia/ ... 28127.html
A no contest plea protects against civil action, and nothing else. Goodall is indeed a lawyer, and as such, a no contest plea isn't going to lessen the punishment IMHO, because Goodall understands that in essence Smith admitted guilt in the eyes of the law, and simply was preventing people from suing him ( or at least using the evidence from a trial as evidence against him, Ie the guy that got shot at Smith'party).
NorthHawk wrote:So?
The NFL isn't a court, it's more of a civil proceeding, so him not being found guilty by pleading no contest could mitigate his punishment
.It all depends on how much of the lawyer game Goodell wants to play. He holds all the cards and with the Irsay issue in the news we could see less punishment than we might otherwise - or we could see more. It's up to Goodell.
After all, lawyers are famous for using technicalities for lessening punishments if not outright exoneration.
HumanCockroach wrote:No, the NFL is an employer, with the right to Fire, Hire, or punish employees however they see fit within the confines of the law when being charged with, and admitting guilt in regards to felonies. Are you claiming a felon that pleaded no contest couldn't get fired from Microsoft or suspended indefinitely? It has nothing to do with a "civil" hearing, as they aren't looking to recoup compensation. Entirely different.
RiverDog wrote:NorthHawk wrote:So?
The NFL isn't a court, it's more of a civil proceeding, so him not being found guilty by pleading no contest could mitigate his punishment
.It all depends on how much of the lawyer game Goodell wants to play. He holds all the cards and with the Irsay issue in the news we could see less punishment than we might otherwise - or we could see more. It's up to Goodell.
After all, lawyers are famous for using technicalities for lessening punishments if not outright exoneration.
I disagree. Smith is now a convicted felon, on 3 counts. It's part of his record. It is going to be pretty difficult for even the slickest lawyer, even if the league permitted them in their hearings which they don't, to rationalize that fact. The personal conduct policy even specifically mentions the types of crimes Smith was convicted of, ie weapons, threats of violence, and endangering the safety and well being of others.
If you look back at the violations that drew suspensions over the past few years, the seriousness of this one sticks out like a sore thumb. Terrelle Pryor got suspended for 5 games for a scandal that happened in college when he was not covered by this policy that only involved violating NCAA rules. Richie Incognito got suspended indefinitely for the harassment of a teammate. Sean Payton got a year for Bounty Gate. None of those violations involved even a misdemeanor charge. Smith has now racked up 3 felonies and 3 misdemeanor convictions.
The fact that Smith has violated the personal conduct policy on multiple occasions is so clear it's no longer debatable. The only thing I can see that might weigh in Smith's favor is that he has not been disciplined by the league under this policy so he can't be considered a repeat offender. However, he almost assuredly would have been disciplined had the league not had the written policy of letting the legal process play out before making any determination of its own.
Futureite, you're still arguing about the court's sentence. That doesn't concern me nearly as much as Goodell's actions.
Futureite wrote:He's a convicted felon in CA. For possessing a firearm. Not for any act involving the weapon itself or for violation of any federal law. In some ways it almost feels like the Barry Bonds case where the government had to find something to pin on Aldon given his behavior. There are obvious differences between the two cases but you see where I am going with that. When a guy is in the local news for smashing his car, throwing crazy parties where gang members show up unannounced in a wealthy San Jose neighborhood, the DA had to find something.
Given all that yes, Gooddell or (Goodell? lol whatever) could come down hard. But in the end I stick with my original guess: 8 games and no jail time. People can freak about this and that and continue to use the word "felon" to beef up the argument, but in the end he still did not hurt anyone. And he never displayed intent to.
As I understand it, the NFL has strict rules regarding banned substances. You violate the rule, you get a specific punishment. There are no specigic rules or suspensions written for some of the grey areas that Aldon is treading in. That is why yes, you may serve the same suspension for using a fertility drug like Marhis or smoking a bowl as you may for possessing an illegal firearm. If you break this down to what it is, Aldon legally bought a firearm in one state but failed to register it in another. Period. You (generally speaking) can add all the byperbole and adjectives to describe it as you like, but that is all he is going to be convicted of. And he may not even be charged in the LAX incident. The facts of what happened there are still unclear.
As a fan I just assume we won't have him in 2014. If I had to put money on it I'd wager he plays 8 games in 2014.
kalibane wrote:As far as I'm concerned it's not about punishment and making Aldon do penance for what he's done (although he certainly needs to do some penance). It's about his entire pattern of self destructive behavior. I'm more ambivalent about jail time but I think the league should come down on him hard for his own good. He has shown no hint that he's learning from his past mistakes. He needs something to shake his foundation. The road he's headed down with alcohol doesn't right itself. that the alcohol is contributing to wreckless and criminal behavior shows he's in really deep. Like Zorn said, the worst thing for Aldon is that they let him off light at this point. He needs to go away for at least 6 months so he can focus on getting sober, for his own sake as well as the general public that's sharing the road with him. Niner or not I don't want to see anyont that talented throw his life away for the bottle.
HumanCockroach wrote:Considering Lynch got a 3 game suspension from the SAME commisioner for having a gun in a backpack, in his TRUNK, anything less than an 8 Game suspension ( and honestly it should be longer based on the year bans he likes to throw out for smoking weed) is insulting to be honest. Peyton got a year long suspension for not kiboshing the stupid bounty gate scandal, the GM 8 games, lost draft picks etc, and a couple games is ok for firing a gun above a crowd ( that HE invited) in the same state as Lynch is simply ridiculous.
I dislike Goodall immensely, but he slaps that wide brush of justice pretty damn liberally, if he doesn't follow through in this case, he is emphatically admitting that the league isn't in the least concerned with consistency, or fairness in any way shape or form when it comes to discipline, and has a complete and utter disregard for equality amongst players and teams.
Ultimately, Smith should indeed face a year long suspension, with MANDATORY help. I don't think that will happen ( and am already convinced the league prefers to "lighten" sentences for "model" franchises) but less than half a season isn't just affirming that for me, but lowering my already gutter level respect for those in "charge" of such things. It also IMHO shows a lack of concern for a troubled player ( Smith) and a lack of ANY concern for the well being of innocent bystanders. They'll be quick to pile on should Smith kill someone in one of his "poor decision" moments, but not actively attempt to pre empt that.
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