The NBA is Worse at Criminal Justice than the NFL

Posted on Thu 24 July 2014 in Features by Aaron McGuire

kyle lowry

Word broke today that the NFL has finally completed deliberations on the punishment for Ray Rice's offseason arrest over grisly charges that he assaulted his fiancee. The punishment, in total? A two-game suspension, coupled with a $58,000 fine and a recommendation from the NFL to attend counseling. Rice pleaded not guilty to the offense and was accepted into a pretrial intervention program that led the charges to be dropped, so that NFL penalty (in addition to the intervention program) will represent the sum total of Rice's punishment for his outburst. News flash: this isn't rare. Out of morbid curiosity, I've collected information about the last four years of assault or battery charges in the NBA from Google and the NBA Crime Library. Presented with minimal comment, and ordered by date:

  • June 2014: James Johnson was charged with domestic assault for allegedly slapping and choking his wife. The charges were dismissed because his wife did not appear in court. LEGAL PENALTIES: None. LEAGUE PENALTIES: None.

  • April 2014: Dante Cunningham was arrested twice in one week -- first for domestic assault by strangulation, and second for sending "terroristic threats" to his ex-girlfriend and violating probation. The league said nothing. His trial is forthcoming. LEGAL PENALTIES: None (yet). LEAGUE PENALTIES: None. (He rejoined the team immediately after getting out of jail.)

  • October 2013: Kendrick Perkins was charged with assault after punching a two passengers of an automobile in the face after an altercation in a bar parking lot. I have been unable to track down what happened here, but the league nor the Thunder never commented on the allegations. LEGAL PENALTIES: None (that I could find). LEAGUE PENALTIES: None.

  • September 2013: Jared Sullinger was charged with assault and malicious destruction of property for allegedly discovering his girlfriend was cheating on him and beating her to the ground before smashing her cellphone. The charges were dropped when his ex-girlfriend refused to appear in court. LEGAL PENALTIES: None. LEAGUE PENALTIES: None.

  • August 2013: DeAndre Liggins was arrested on charges of domestic assault and violence with a deadly weapon in the presence of a minor, including felony counts of kidnapping. I was unable to find the result of the trial, but the Thunder waived him shortly after the news broke. LEGAL PENALTIES: None. (That I could find). LEAGUE PENALTIES: None officially, although the Thunder did waive his contract.

  • May 2013: Terrence Williams was arrested on charges of assault, amidst allegations that he pulled a gun on his child's mother during an annual visitation and made threats. It does not appear that a trial ever occurred, although the Celtics waived him shortly after the news broke (likely as a result of the arrest). LEGAL PENALTIES: None. (That I could find). LEAGUE PENALTIES: None officially, although the Celtics did waive his contract.

  • January 2013: Andray Blatche was arrested on charges of sexual assault, allegedly standing in the doorway and watching as his friend raped a woman in Blatche's hotel room. Charges against Blatche were dropped several months later, although reports are unclear as to whether his friends evaded sentencing. Blatche played in an NBA game against the 76ers the exact same day he was arrested. LEGAL PENALTIES: None. LEAGUE PENALTIES: None.

  • September 2012: Jordan Hill was charged with felony assault for choking a former girlfriend. He pleaded guilty, dropping the charges from a felony to a misdemeanor. LEGAL PENALTIES: One year of probation, $500 fine, counseling. LEAGUE PENALTIES: None.

  • February 2011: Kyle Lowry was charged with misdemeanor battery for throwing a ball at a female ref during a preseason game and threatening the ref with physical violence. Lowry refused to appear in court, but his lawyer got the charges dropped in exchange for pleading guilty and community service. The NBA said nothing. LEGAL PENALTIES: 100 hours of community service. LEAGUE PENALTIES: None.

  • August 2010: Lance Stephenson was charged with assault and harrassment for throwing his then-girlfriend down a flight of stairs and allegedly slamming her head into the staircase. The case was eventually dismissed due to a lack of cooporation from his ex-girlfriend. LEGAL PENALTIES: None. LEAGUE PENALTIES: None.

Actually, I lied. I said I'd present it without comment, but that doesn't really do it justice. Much of the NBA's twitter community has been devoted to jokes and observations about how horrifying and hypocritical the NFL is for letting Ray Rice get off with a two game suspension while players like Josh Gordon lose a year of their career for something as minor as a marijuana charge. It's true. It's hypocritical, awful, and unbelievably dumb. But a lot of talk has also been made about boycotting the NFL for their hypocrisy, and giving them financial ramifications for their hand-wavy attitude towards the serious issue of assault. My take? Do it. It's justified.

But if we're being honest, you'd be better off boycotting the NBA first.

It's hard to conclude that the NBA is anything if not much worse when it comes to league penalties for non-drug-related criminal behavior. Many of these players actually pleaded guilty without seeing any league penalty. Kyle Lowry pleaded guilty to a misdemeanor battery charge stemming from an actual on-court basketball game -- the league said nothing. Jordan Hill pleaded guilty -- the league said nothing. The rest of these are, for the most part, grisly cases with an abundance of evidence pointing to evidence of guilt. But most of them got off, and not once did the league take even a cursory action. The only two times the NBA players suffered a legitimate on-court penalty were times when the player was an expendable, fringe NBA talent who wasn't worth the hassle. These are all things that happened in the last four years.

And when it comes to former players and public figures, the ledger is just as full. Beloved Grantland contributor Jalen Rose pleaded guilty to a drunk driving charge stemming from an event where he got in a car almost immediately after having six martinis and rolled his Cadillac. He could've killed someone. Idolized general manager R.C. Buford was caught doing the same. Marv Albert is a generally accepted commentator, and one of the leading lights of the business -- hell, he's part of Blake Griffin's endorsement deal with Kia! -- but few people remember the disgusting charges of rape he faced back in the 90s. NBC fired him a few months into the scandal, but quietly re-hired him years later after he'd pleaded guilty to lesser charges and the public furor had died down a bit. He's still calling the NBA Finals, using the same voice he used on the stand when he argued that his assault was "consensual."

We can call this a massive moral failing, because it is. But in broad strokes, this is essentially how society treats these crimes. There's a curious amount of outrage over the NFL's punishment without the necessary realization that -- realistically -- this is one of the few times in the history of criminal justice where a sports league has accomplished the following three things in an assault case:

  1. The NFL punished a player who managed to get the charges dropped.
  2. The NFL punished a_ star_ player despite their status in the league, and gave a semi-meaningful suspension.
  3. The NFL made it clear that such an action was not OK, and essentially countered Baltimore's disgusting press conference.

The NFL is hardly perfect. It would be nice if they levied harsher punishment against Rice, and the juxtaposition between Rice's punishment and Josh Gordon's inexplicable marijuana suspension is comically off-base. But it's hardly more off-base than the actual criminal justice system's differential treatment of those particular crimes, with assault cases regularly falling apart over extremely minor inconsistencies in evidence or intimidation practiced on the part of the defense while marijuana locks up thousands of poor black teenagers on incomprehensible sentences every single year. And it feels slimy to say this, but at least they did something. Two games out of sixteen is equivalent to a 10 game NBA suspension. That's not sufficient, but it's not nothing. I don't generally endorse giving gold stars for minimal effort, but in this case, it might actually be deserved. Especially compared to the NBA's horrendous record of response on these kinds of cases.

Boycotts are fine. They rarely work, but they're a good way to take action on moral stances and provide heft to your arguments. I rarely watch the NFL anymore, as I have trouble mentally justifying it given their laissez-faire attitude towards concussions and their former players. But if NBA fans are going to boycott the NFL for their treatment of the Rice case, they should probably start off by storming the NBA's league office in New York and demanding answers on the NBA's pitiful track record. And given the widespread love and adoration for some of these players -- Lowry, Stephenson, and Hill in particular -- many might want to rethink the way they approach fandom as a whole. It's easy to pick holes in sports you don't love, but it's much harder to honestly address very real moral failings in the sport you hold dearest. And it's even harder to come to terms with the fact that the players we hold up as totems to virtue and aesthetics are real human beings with real human flaws.

But that's part of being an adult, and it's part of being a sports fan. Games aren't always fun.