Feb 23, 2012, 6:59 PM EST
In almost all cases, the people who say that someone “got off on a technicality” or took advantage of a “loophole” really mean “I think the SOB was guilty and because of that I don’t care if the proper safeguards and protocols were followed!” It’s a ridiculous stance.
Ridiculous because procedures such as chain of custody and the proper handling of samples — which were not followed in Braun’s case — exist for a reason. That reason is not, contrary to popular grunting, to make it harder for decent prosecutors or authorities to do their jobs. It’s to ensure the integrity of the system. And, in this case, the integrity of the sample. Every detail that is not adhered to presents another opportunity for a sample to be tainted, lost or otherwise compromised. When that happens the test itself is, by definition, unreliable and any reference to what it may or may not have shown is utterly beside the point.
And while that, in this case, may work to Braun’s benefit, in the long run adherence to those procedures is critical to the integrity and efficacy of the drug testing process. And that’s far more important than whatever this means for one man’s drug test.
The response I expect to that is “well, just because procedures weren’t followed doesn’t mean that Braun didn’t take something!” My response: you’re right. We don’t know that. And we can’t know that, because the testing program is not nor can it reasonably be expected to be one that decides absolute guilt or absolute innocence. In this it’s just like the criminal justice system which never determines actual innocence. It determines the lack of guilt. It does this because the burden is on the accuser and not the accused, same as with the drug testing procedure.
Except in the drug testing world the burden is way, way lower than “beyond a reasonable doubt.” All MLB has to do is take a sample and test it properly, while adhering to a relatively simple set of procedures. If MLB, in this case, could not be bothered to do even that, then neither it nor anyone else has cause to label Ryan Braun a drug user.
Ryan Braun got off on a technicality? Bull. Major League Baseball half-assed it and failed to adhere to the standards it set up for itself. In that case I have no problem considering Braun to be the less culpable party. Anyone who says otherwise is more interested in assumptions and the casting of aspersions than they are in a rigorous and legitimate drug testing regime.
Dec 22, 2014, 9:32 PM EST
Johnny Cueto is set to become a free agent next offseason, but the Reds have a small window of time to convince their ace to stick around for the long-term.
Dec 22, 2014, 8:09 PM EST
All three players received invites to major league spring training.
Dec 22, 2014, 6:40 PM EST
Dan Haren was traded from the Dodgers to the Marlins in the Dee Gordon deal during this month’s Winter Meetings despite his previous comments that he would rather retire than pitch for a team away from his family in Southern California.
Dec 22, 2014, 5:07 PM EST
“It’s too soon to know if Scutaro will ever take the field again.”
Dec 22, 2014, 4:49 PM EST
I got, like, 17 guys I’d put in. But I’ll pretend I can only pick ten.
Dec 22, 2014, 2:49 PM EST
Another comeback attempt in San Diego.
Dec 22, 2014, 2:37 PM EST
And it looks weird. But then again, everything looks weird there, doesn’t it?
Dec 22, 2014, 2:08 PM EST
We could probably all write one of these. But ours would be a lot less useful to our younger selves than Doc Gooden’s is to his younger self.
Dec 22, 2014, 12:44 PM EST
The Pirates have 30 days to reach an agreement with Kang or else he goes back to his KBO team.
Dec 22, 2014, 12:16 PM EST
Bell was an All-Star as recently as 2011.
Dec 22, 2014, 11:54 AM EST
The ultimate minor league “where are they now?”
Dec 22, 2014, 10:47 AM EST
“You see what’s going on, but …”
Dec 22, 2014, 10:34 AM EST
Who will tell us that they’re “takin’ it one game at a time” now?!
Dec 22, 2014, 10:15 AM EST
Dec 22, 2014, 9:04 AM EST
He’ll be under team control through 2019.
Dec 22, 2014, 8:41 AM EST
Taped baseballs and Yankees fans.
Dec 22, 2014, 7:49 AM EST
Understated, it is not.
Dec 21, 2014, 11:10 PM EST
Wil Myers was rumored to be a potential target for the Phillies in a trade involving Cole Hamels, but it turns out the Padres plan to hang on to him.
Dec 21, 2014, 10:21 PM EST
Wil Ledezma will attempt to return to the major leagues with the Twins after signing a minor league deal.
Dec 21, 2014, 9:55 PM EST
Marco Scutaro’s 2014 season was tarnished by a chronic back ailment. The Giants’ training staff is preparing an update on the 39-year-old and it may not be good news.
- My Imaginary Hall of Fame Ballot 64
- Phil Hughes signs a three-year extension with the Twins 22
- The Padres have talked to the Phillies about Cole Hamels 23
- Why is John Smoltz a shoo-in for the Hall of Fame? 63
- Phillies GM told Ryan Howard they’d be better off “not with him but without him” 85
- Trea Turner’s agent is unhappy his client is in limbo after trade to Nationals 48
- Nexen Heroes accept Jung-Ho Kang posting fee from unidentified MLB team 37
- Giants acquire Casey McGehee from the Marlins 16
- Bud Selig will get a $6 million a year pension. Which is obscene. (145)
- The United States will seek to normalize relations with Cuba (144)
- Rays, Padres, Nationals agree to 11-player trade (97)
- St. Petersburg City Council votes down deal to allow Rays to look for new stadium site (90)
- Phillies GM told Ryan Howard they’d be better off “not with him but without him” (85)