Categorized | Mark Timmons

Suspend Kemp? You Gotta’ Be Kidding…

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…

 

About Mark Timmons

When you see the invisible, you can do the impossible!

12 Responses to “Suspend Kemp? You Gotta’ Be Kidding…”

  1. Badger says:

    “the act does not make a person guilty unless the mind is also guilty”

    What planet do you live on Mark?

    The act indeed does make one guilty. Good luck trying to prove intent.

    You bump an ump, you’re gone. Don’t know about a suspension, that is up to the league.

    But I do agree with your general premise. You get thrown out of a game, you are fined, the team pays a penalty and so do all the fans, many of whom drove hundreds of miles and paid hundreds of dollars to see a guy like Matt Kemp play baseball. Nobody pays that kind of money to see an umpire.

    Part of what umps are paid to do is “take it”. I did it for years when I was an ump. It’s part of the game. In the system I worked, you make mistakes, you hear about it. You make enough of them, you don’t work games anymore. And that doesn’t appear to be true of Major League umpires. Angel Hernandez has been screwing it up and pissing people off for years. So has that fat cowboy Joe West. When I worked, players had what is called “heat of the moment”. You take it, you thank them for their input, tell them they are allowed that, maybe offer them some gum, then you turn and walk away. Then if it continues, you throw them out. In MLB, you don’t have that luxury. You don’t even have to to be looking at them to get thrown out. Ridiculous.

    But, it is what it is. Players know it. Managers know it. STFU or you will be gone dude.

    • Ken says:

      Some crimes required mens reus and some crimes only require actus reus.

      Malum prohibitum crimes are prohibited by legislation and do not require intent.

      That being said the Umps clearly bumped Kemp.

  2. Bobby says:

    You’re right regarding criminal law, but Kemp could still be found guilty under negligence.

    Regardless, I don’t know how MLB’s standard code of conduct defines these rules. I’m pretty sure bumping an ump during an argument is looked at a tad differently than bumping an ump after tripping and falling on the ump or falling on that ump while going for a ground ball.

    As idiotic as the ump was, Kemp still doesn’t have the right to make contact with an ump. I hope he’s not suspended. We can live 2 days without Dummie B. I really look forward to what penalty that ump receives!!

    Either way, I think as Brooklyn or Badger said in a previous thread, a championship team will come out and win today after blowing yesterday’s game.

  3. Roger Dodger says:

    Bobby, I posted:

    “Games like this one – it seems if only the Giants andD-B-Backs do not want it – then the Dodgers will wander in as Division champs.

    Championship teams win games like this.

    And Championship teams that loose one like this, come back a win tomorrow.

    A starter cannot do any more than what was done tonight for the Dodgers.”

    And tonight the guys won on about as good economy production of hits as possible. Jansen closed them down and out.

    Great turn around from last night.

    Notice: Xavier Paul is hitting .333 for the Reds. Good for him.

    Notice: James McDonald (now 11-5) won yesterday with 6 inning, only 2 hits, 7 Ks. Good for him.

  4. Ken says:

    bball

    R your balls in your mouth?

  5. Badger says:

    We got to Sheets and it’s a good thing. Look at the zero’s the Braves pen put up. 3 innings, nothing but a BB. Harang did his job, the pen was ok, 1 earned in 2 1/3. Next up.

    Go Padres.

    Lawyer talk. Don’t you just love it. Some crimes require “mens reus” or mindful purpose, some crimes require “actus reus” or guilty act. Gotta call bullshit on that one. One need to look no further than Wall Street to see that some criminals just need thick wallets and teams of $1500 an hour lawyers.

    I had a court assigned lawyer for my divorce, my ex had 3 lawyers in 3 different counties that her rich dad hired. Guess who got their ass kicked.

    Law. Justice. They live in separate houses on different sides of the street.

  6. Bball says:

    Ken maybe. Just seems like everything u say is negative. Cheer up it could be a lot worse.

  7. Bball says:

    Reggie ur right I no ken is valuable to this site I just like to start drama. My apologies

  8. Badger says:

    Wrong thread guys. This threads about blind umps, mens truation and injustice.

    And for the record, I wouldn’t want to be Ken’s wife either. That would make him gay, and I am not attracted to gay men. Just sayin’

    Padres makin’ it close. But alas…….. still in second place.

    Did we really hit four dingers tonight?

  9. Bball says:

    Boy badger. U can sure lighten the mood can’t u. Love it

  10. jerry says:

    send gordon back to the aaa..i sure like cruise.

    • Badger says:

      Tom? He’s all right. Kinda full of himself.

      Lawyers get me lit up Bball. Ken’s a good guy though. So are you. Even the ultra conservative Mark is a good guy… most of the time. I have learned in here that every now and then instead of leaning in, you have to lean back.

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