Fairness v. Justice
DeAngelo Starnes on the Fate of Plaxico Burress
2009-09-25
By DeAngelo Starnes

On January 20, 2008, Plaxico Burress put on one of the most surrealistic performances I’ve ever witnessed in a high stakes football game.  During the third coldest football game in NFC Championship history and only the third such game to go to overtime, the then New York football Giants’ 6’ 5” receiver snatched 11 balls for 154 yards.  If they ever repeat the broadcast, you will witness physical genius that few receivers have ever displayed.   The day was beyond-bone chillingly cold, the Packers were favored, their defensive backs very good, and Brett Favre the sentimental favorite.  Burress’ destruction of the Packers’ defense was the key to the Giants’ upset.

Two weeks later, he caught the game-winning touchdown in the Super Bowl.  That championship moment capped a season where Burress displayed the heart of a lion, as he played the entire year on a severely injured ankle.  Prior to that season, he was a typical wide receiver diva who, while a very good player, hadn’t really distinguished himself.  

On September 22, 2009, Burress checked into Riker’s Island to begin an almost two-year odyssey of imprisonment.  The reason for having his physical freedom checked is a criminal charge for possessing an unlicensed gun, walking into a nightclub with said unlicensed gun, and then shooting himself in the leg while trying to pull it up as it was slipping out of control. 

Was he stupid about it?  Could he have spent a few dollars on bodyguards for protection the gun was supposed to provide?  Did he violate the law?  Yes.

But two years?  For shooting himself in the leg?  If he had brandished the gun at someone in the club or shot another person, jail time would certainly be appropriate.  However, the only harm was to Mr. Burress and his employer.

It is understood that there are reasons for rules, regulations, and laws.  However, there is the letter of the law and there is the spirit underlying it.  The letter is technical; the spirit the rationale.  And so when we talk about fair, we look at the letter.  But justice is within the spirit.

When we talk about taking away someone from their family and restricting their freedom of movement, placing them in a dangerous environment with people who have actually harmed someone else, this is a decision that should be taken with great care and sympathy.  It goes beyond technical violations.  It goes beyond callous grandstanding, notches in the belt, and example-making.  It requires understanding the spirit of the law.

This is the very issue that underlies the controversial federal drug sentencing laws and the California three-strike rules.  There’s this “Let’s get tough on crime” sentiment without understanding the impact on people’s lives.  The spirit underlying criminal laws were designed to punish deliberately caused harm against another human being.  Self-inflicted and self-destructive harm is more an issue of therapy and counseling – not imprisonment.

We pat ourselves on the back by claiming the penal system is one of rehabilitation than punishment.  But let’s not fool ourselves.  There has always been a mix of punishment and rehabilitation to jailing people.  What’s worse is that there is virtually no rehabilitation to the issue when it comes to constructing the law.  There are rules the self-righteous ask you to abide by.  Fail to do that?  Good luck avoiding the price in terms of time, freedom, and money that will be extracted.

This is not to say there is no need for criminal laws.  That there is no need for protection from inner beasts and predators.  However, we need to reduce mechanistic application of the rules and inject more common sense to the process. 

In Plaxico Burress’ case, there was a lot grandstanding and example-making.  There may have been fairness if one complies with the letter of the law.  But what was missing, in a big way, was justice.  Fear injection was the point, and that’s too bad.

DeAngelo Starnes is a freelance writer and attorney who resides with his wife and son in Denver, CO. He welcomes direct constructive feedback at deangelo_starnes@hotmail.com.