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Published on 09/18/2008 at Thu Sep 18 18:51.
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Double Jeopardy is defined as being tried for the same crime twice. In the United States a person is protected under the 5th amendment: 

 [T]he Double Jeopardy Clause protects against three distinct abuses: [1] a second prosecution for the same offense after acquittal; [2] a second prosecution for the same offense after conviction; and [3] multiple punishments for the same offense.’ U.S. v. Halper, 490 U.S. 435, 440 (1989).

MarshallOne thing is becoming very clear – in the National Football League, there is no such thing as Double Jeopardy. As a matter of fact, as the NFL and newly crowned commissioner Roger Goodell have proven, the league isn’t even interested in waiting until a crime has been proven in the court room. Goodell is the lone judge and jury.

Updating an earlier post, ‘Marshall in More Hot Water?‘ by Kyle this morning. NFL spokesman Greg Aiello has said that the NFL is aware of the charges and that, 

We have been aware of these potential charges,” Aiello said. “We will continue to monitor the case and review it under our policy as appropriate.

Given that someone like Adam ‘Pacman’ Jones was suspended, then continued to mount up the court cases, yet saw no extension to his original suspension, Brandon Marshall may be in the clear. However, the NFL can at any point decide to act on any impulse they may have. Denver’s wide receiver could infact face further disciplinary action.

Marshall had this to say this afternoon, prior to the Aiello comment,

We make mistakes and all you’ve got to do is learn from them and grow, and sometimes those mistakes make you a stronger person. That’s exactly what it’s made me — much wiser.

I know that I was the first one to point out this morning that Marshall wouldn’t receive anything further for the crime he may or may not be convicted of. However, if he is in fact found guilty of misdemeanor battery, it may warrant further suspension for Marshall. What do you say nation? 

  • http://broncomadness.com Garrett Barnes

    Roger Goodell Is An Idiot. That is all.

  • http://broncos-denver-broncos.blogspot.com/ Ian Henson

    haha, Garrett- have fun in Hawaii, I’m jealous. I hope that this is just speculation and turns out to be nothing, Bronco fans know that Harvey Steinberg (Marshall’s lawyer) is a very able attorney. Look at what he did last season for Travis Henry.

  • Eric in Vegas

    Sadly, I could see Goodell assessing additional discipline JUST because Marshall went over his head and successfully got the original suspension reduced.

  • rcsodak

    Eric, you Do realize, that BMarsh had to go back in front of Goodell, right?

    If anything, Goodell might be getting pissed off at the bad publicity he’s getting, being repeatedly beat by Steinberg. With that and the Hoculie thing, he may decide to hit the team hard, just out of spite!

  • Roy

    If GODell suspends Marshall for this it will send the message that if you come into his cross hairs you will become a permanent target. I am sure that most of the league understands that young men do supid things, and would rather move on. If a player continues to be a problem, do something about it, but if this is stemming from an earlier incident that they were aware of, let it be. Move on.

  • flbronc

    rc- i dont think that bmarsh did go back in front of godell… i remember reading that he didnt and i thought that was out of the ordinary because tank johnson and packman did have to.

    as for more suspensions? who knows- it can only be for the new charge and not for his plea deal in denver. guess we have to wait and see… fun fun.

  • http://mrherculesrockefeller.blogspot.com hercules rockefeller

    Part of the reason he only got 3-games is because it didn’t look like there was going to be charges from this incident. it wouldn’t surprise me if Der Fuhrer gave him another game or two off.

  • http://laprit@lycos.com AtomicLeo

    Of course Goodell is judge and jury. That’s the Commissioner’s job and it’s what every player agrees to when sign up for the NFL. The one game suspension was to get Marshall’s attention. He’ll lose 2-3 games for the DWI conviction and now the battery charge. He should sit.

  • jibbons

    Just because players sign on to the policy does not mean we as fans can’t criticize the policy for its obvious failings. I am not clear on why a player’s conviction is of no consequence when Goodell wants to pass judgement before the courts do, but then he will let a conviction merit further punishment after he has rushed to judgement. The player conduct policy seems to be very young in its current form, and we are watching them create situations that need to be rectified in future handling of cases in order to maintain a respectable position.

    Also, I do not think his DWI conviction will bring further punishment, as the plea bargain happened a while ago, and we haven’t heard from the league penalty wise.

  • http://broncotalk.net Kyle

    That DWAI shouldn’t affect anything. If Marshall is convicted of this incident, expect another game or two off.

    I don’t think he’ll be convicted though. This is a March 4 incident they just barely pressed charges for? Good luck.

  • myerda00

    Guys, remember the three game suspention was for ALL current issues, which includes the March girl friend issue and the DUI.
    Decreased to only one game due to Fulton County not having enough evidence to go to trial. And even now they will have to have investigators look at it again?????
    Like Alyia and Goodell have said, “we have know about this”.

  • http://broncos-denver-broncos.blogspot.com/ Ian Henson

    To me, if the NFL is going to be their own judge and jury, than Marshall has already been charged and tried of the crime. He should not receive any further punishment for the crime.

    This is where the double jeopardy comes into play with me. The NFL was aware of everything that could have gone on, the did know about this situation, they suspended Marshall three games based off of the facts.

    I do not expect Marshall too see any further suspension due to this case, if in fact the NFL does decide to pursue further action, then the NFL itself has some explaining to do. Not Marshall…

    The DWAI case, will have nothing to do with anything. It is his first offense and is not allowable under the CBA.