I heard the idiots on the Dodger broadcast talk about Kemp bumping an umpire and how that could get him suspended, and then others picked up the mantle and suggested that he might be suspended. I never discussed it because it was baseless. Matt Kemp did nothing to warrant a suspension. We live in an era where everyone tries to measure, quantify, rank, access and label everything some one does. We live in an era where common sense is eschewed!
Did Matt Kemp make contact with an umpire? Probably. Did that mean he should be suspended? Please – don’t insult the intelligence of persons who understand what mens rea means. “Mens rea” is Latin for “guilty mind”. In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means “the act does not make a person guilty unless the mind is also guilty”.
If Matt Kemp was walking to the plate and tripped and then fell on the umpire, he would not be kicked out of the game. If Mark Ellis ran into the 2B umpire while trying to field a ball, he would not be ejected and if Matt Kemp accidentally bumped an umpire during a heated conversation, he would not be suspended. On the other hand, if he head butted, chest butted or swelled up and pushed the umpire with his chest, he would be suspended. There’s a big difference.
Use common sense… if you have access to any. That’s all I’m saying. Don Mattingly deserved to be suspended – I get that.
I’ll put up $200 to help pay his fine if anyone else wants to pony up too. I’m glad Mattingly stands up for his players. That’s a concept Joe Torre knows nothing about…