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Rush to Judgement: The Penn State Fiasco

I am not a Penn State football fan. I am not a college football fan. While I have a mild interest in the major spectator sports, my attention has been attenuated in recent decades by the culture of dueling millionaires whining about how bad they have it.

At one time I admired Joe Paterno because of his sterling record of no NCAA sanctions and his generally admirable demeanor. When he clung to his position through his 70′s and into his mid-80′s I began to suspect that maybe he wasn’t the paragon of virtue he had been portrayed to be.  What sort of man prefers a game to his family when he’s 80 years old and comfortably wealthy? Not that its an evil choice or necessarily indicative of moral depravity, but it certainly does hint at extreme self-centeredness and an out of control ego when even 40 years of being Mr. Big is just not enough.

I have nothing at stake in the Penn State case however it’s resolved. Beyond my natural concern for our society at large, I have no skin in the game, it does not and will not affect my life or the lives of anyone I know.

The penalties levied by the NCAA and the gang tackle of Penn State University by conservatives including many on this site is misdirected and unfortunate. It has its antecedents in countless efforts by those on the left to score points and pass laws during the flame of emotion in the aftermath of violence and tragedy.

Conservatives should be better than this. Conservatives should be able and willing to step back from the emotion and insist on sober investigation, followed by determined prosecution of the guilty. A flailing witch-hunt that serves mainly to indulge the understandable anger felt by decent people everywhere can not serve justice because it is itself of an unjust nature.

To those who wish to blow up the Penn State football program, I ask that you consider: What if this was a Walmart store? What if the most successful Walmart outlet in the world was rocked by revelation that an assistant manager who worked for the store eight years ago had abused children. Would you advocate closing the store? Closing every Walmart in the region? Should Walmart be enjoined from “rolling back prices” for five years as a penalty? No advertising on TV? No new stores?

Penn State football is first and foremost a business. A very big business. Tens of thousands of people make their living either directly or indirectly as a result of the program. Hundreds of small businesses will be hurt by the destruction of this business entity.   By advocating the annihilation of Penn State football, you are supporting the crippling of State College Pennsylvania’s largest employer. (As an ideal, I wish college football had never been invented, and if the entire edifice burned to the ground I would cheer. However we live in a reality where college football is a not inconsiderable economic engine in many small and midsized communities.)

This unreasoning frenzy of finger-pointing and revenge is not how our criminal justice system dispenses justice.  The fact that vigilantes frequently hanged guilty men in no way legitimized their actions or made their actions synonymous with conviction and punishment by a jury of peers in an open courtroom.

The NCAA has rushed in to pile on and levy penalties that it may well not have the right to.  The NCAA has conducted no investigation and is apparently relying on what the Freeh Report contains.  I haven’t read the Freeh Report but based on what the media has reported (and presumably they are reporting the worst) I will not be shocked if it eventually is revealed as being long on speculation while proving very little.

If an entity as powerful as Penn State University can be railroaded (guilty or not) then imagine how easily you or I could be so treated. If the entire Penn State football program can be demonized and made persona non grata via Trial by Media, think how easily you or I can be destroyed.

The need for even-handed administration of justice doesn’t ebb and flow depending on the severity or perversion of the crime. The Allies were punctilious in providing a fair and open trial for the Nazis who survived World War 2. The reason was simple: A hasty show trial would have given the Nazi’s and their fellow travelers something with which to undermine the validity of their convictions and obfuscate the evil of their deeds.

Let us follow that example. Let us be focused on a careful and relentless investigation followed by prosecution of those who enabled evil. This process should be a beacon to the world that we will not allow our children to be used as pieces of meat for the pleasure of sick monsters.

This should not be about revenge. The goal should be justice, quick uncompromising glorious Justice.

COMMENTS

  • SoFiMil

    Like the non-existent “rush to war” with Iraq. Reasonable people took their time, considered the allegations and consequences, and made an informed decision.

    I’m fine with someone disagreeing with the decision, but not with the “rush to judgement” meme.

    • acat

      The cover-up alone went on for a decade….

      Mew

      • SoFiMil

        .

  • http://libertynews.com/ mbecker908

    hugging Joe Paterno’s statue as they were trying to take it down, you’re wrong. The program should have been shut down forever.

    Pedophile State is the poster place for everything that is wrong about “higher education”.

    • leftylurker

      Ped. State…

      =)

      • http://libertynews.com/ mbecker908

        and welcome back from your lurking. :-)

  • SoFiMil

    You’ve lost all credibility.

    And although at least you were honest, read the d—- Freeh report.

    • barleycorn

      You lie.

      I compared no one to Hitler.

  • sulmak

    because he stated under oath that he did not know of any allegations or incidents before the 2001 shower incident(“I do not know of anything else that Jerry would be involved in of that nature, no,”), and emails were found from 1998 implying knowledge of another investigation against Sandusky at that time.

    http://espn.go.com/chicago/ncf/story/_/id/8164487/legal-experts-say-joe-paterno-faced-charges-freeh-report

    Other than that I don’t know. Haven’t looked into it much.

  • runner12

    with portions of what you wrote. I was uncomfortable with the advocation by some for the death penalty for Penn State. It seemed like punishment by collective guilt that did comparitively little to harm those were guilty (they are all gone), while inflicting the maximum punishment on those who had no knowledge of the crimes. As a conservative, I had a problem with this line of reasoning.

    Where I disagree with you is that the NCAA acted in haste. They have been looking into this since the beginning, it just has not been as widely reported. It is true that they did not go the usual route through the Infractions Committe. This was because they already had the criminal investigation into Sandusky and the Freeh report. To waste a year (which is how long it usually takes) and more money to conduct their own investigation would have been redundant.

    Remember, that Penn State commissioned the Freeh Report themselves. It is rather difficult to argue against the use of the report by the NCAA under these circumstances. I think the NCAA did the right thing in this case. They took away the wins by Paterno, fined the university 60 million dollars, and banned them from bowl games for four or five years and any other post-season play.

  • Bill S

    First you say:

    Conservatives should be better than this. Conservatives should be able and willing to step back from the emotion and insist on sober investigation

    Then you proceed to say:

    I haven

    • barleycorn

      I’m generally in agreement with your statements. This time we disagree.

      My opinions expressed in this diary are clearly just that: Opinion.

      Stating that I will not be shocked if the Freeh Report is long on speculation is hardly a “brash assertion”. Its a statement of fact because I will not be shocked if the Freeh Report is eventually revealed to be long on speculation.

      Equating my opinion (speculation if you wish) expressed here, with the Freeh Report is an inapt comparison. The Freeh Report is the result of a quasi official investigation that is now being used to bludgeon the reputations of a few and threaten the livelihood of many. My diary is just my opinion. Furthermore it is my opinion about the PROCESS, not my opinion as to the guilt or innocence of any party.

  • poorwilber

    The professional teams would be compeled to sponsor their own farm league, thereby removing the stain of corruption from college football back into big money professional football racket where it breeds. Take the big money out, and put the sport back in college athletics.

    Imagine, coaches actually coaching amateur atheletes who are honestly there to receive an education. Get rid of all the “Outdoor Leasure” degrees that pollute University academic programs.

    I’m dreaming of course. I’ve stopped watching professional NFL thugs and various ex-cons play on Sundays and Mondays, and college is becoming almost as dismal.

    Not only punishing the guilty, an the entire school and its community are treated as accomplices to the crimes. I really don’t know if the Penn State consequence was too extreme or too little. All I know is something had to be done, and so I guess something was.

    • barleycorn

      “Not only punishing the guilty, an the entire school and its community are treated as accomplices to the crimes. I really don

  • barleycorn

    Over at Powerline, Paul Mirengoff and an unnamed friend of his that is “a top-notch lawyer and former federal prosecutor” have read the Freeh Report and concluded that it deeply flawed especially where Joe Paterno is concerned.

    Neither of them, nor I, hold Paterno guiltless. There is universal agreement that he should have done more. Paterno himself said the same thing. But the current public gutting of Paterno and others goes well beyond what the evidence gathered so far shows.

    http://www.powerlineblog.com/archives/2012/07/the-case-against-joe-paterno-part-two.php

    http://www.powerlineblog.com/archives/2012/07/the-case-against-joe-paterno-weak-to-non-existent-on-the-current-record.php