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Showing posts with label Legal Matters. Show all posts
Showing posts with label Legal Matters. Show all posts

Saturday, September 12, 2009

Acts Like a Girl but Runs Like a Man?


It is true that my brother Leaf told me that Caster Semenya looked like Ron Artest. This was before I saw a visual of her. When I finally saw Ms. Flash, I had to admit that she did look like a man. As a lot of you know, rumors surfaced stating that test would be conducted to verify her sex. Well, the test were rendered and Caster Semenya has been classified as having both male and female sexual organs (hermaphrodite).

Ohh, what a potential explosive situation this could be! If they stop her from running or take her title , surely the race card will be pulled out as well as human rights . The International Olympic Committee states that her higher level of testosterone is not the main concern. Moreover, if she's able to use the testosterone may be a determining factor in whether she will possibly be stripped of her title.

"“We have raised her as a young girl and I have no doubt that she is a girl.”
Maphuthi Sekgala (Her Grandma)

Taking the rabbit whole deeper, (I'm a legal student...I'll make my education work for me on this blog-lol) the question becomes if she can utilize her testosterone while running, does it give her an unfair advantage over other female racers? Yes, it's true that she was raised as a female. But if the findings show that she is able to use her testosterone, is it unfair to other female racers who do not have the same ability? There, perhaps, will be your first legal issue.

From a human rights perspective comes our second legal issue? Because she was given portions of male and female genitalia, the parents have autonomy to choose what sex the child will live their life as. I mean last time I checked they don't have the male and female stall in public restrooms. Therefore, one cannot say that her living her life as a female is wrong. It's a choice her parents made in good faith and she had no choice in the matter. So then, will her inalienable right to live as a women override the fact that she might have biological/physiological advantages over her competitors?

And yes, it seems deplorable to strip her of her crown or even not strip her of her crown but force her to run as a male. In fact, if you were her, I'm sure you would feel humiliated. At anyrate, there best bet is to let her be. Otherwise, you'll have a legal case brewing that the whole world will be watching. South Africa will be pissed, African's everywhere will be pissed, other hermaphrodite's will be pissed, and Jesse Jackson and Al Sharpton might make a buck or two. Funny but it's probably true.

Source:http://www.timesonline.co.uk/tol/sport/more_sport/athletics/article6832357.ece

Wednesday, August 19, 2009

How Mike Vick and Dante Stallworth Exposed a Flawed Legal System

Something just doesn't rub me the right way concerning the glaring differences between Michael Vick's and Dante Stallworth's circumstances. Michael Vick, of course, dealt with Federal and State charges but a good portion of that was served concurrently. Stallworth, on the other hand, dealt with the State of Florida, which is one of the most aggresive criminal law states in the land.

Vick was reported to have killed several dogs. No telling how many were killed outside of his hands. Usually, when dogs lose a fight, they are killed immediately following the fight. I got that from several sources straight from the street.

In the end however, I'm having a hard time reasoning how a man who actually killed a human being receives less legal penalties, and still maintains his place on the Cleveland Brown's roster. How does this work?

I'm not trying to place more emphasis on human life than dogs but this blog HAS to go that direction. My brother and I talked about this situation, we felt as if Stallworth should have received the treatment that Vick did and vice versa.

A hard working 57 year old man was killed at the price of a man who was inebriated way beyond the legal limit. Meanwhile, the NFL, drills players over and over again on these kinds of issues. Simply put, Stallworth getting a taxi would have saved a man's life.

But I don't see the protestors in Stallworth's situation. I don't see the outrage on how Florida's legal system smacked him on the hand. Yes, a 30 day sentence is a smack on the hand. Heck, he only did one day anyway.

"Stallworth was given a 30-day jail sentence and reached an undisclosed financial settlement with Reyes’ family. Besides jail time, Stallworth’s sentence included two years of house arrest, eight years of probation and other restrictions." -AP

I understand that there was no true mens rea with Stallworth. In other words, he didn't intend on killing the victim. Vick on the other hand had a solid mens rea and dogs died because of it. But it's sad we live in a time where people defend dogs over human life. Miami should have been outraged by Stallworth's actions. The Browns should have cut him from the roster. At what point do we take a stand and say, you need to be punished so you don't do this again?

Instead, Stallworth is back at home and can already leave the house to train for his return to the game. For the most part, he's living comfortable again, something Vick didn't have an option on. I can't put my finger on it, but these circumstances smells like injustice to me. Are you catching the same whiff?