DUI Arrest Results in Linebacker's Dismissal
Khiry Battle was arrested on suspicion of Driving Under the Influence on June 28th. Battle, a linebacker for the Arkansas Razorbacks, has been charged with DUI and violating the state's implied consent law for refusing the breath alcohol test. As a result of this pending charge, Battle has been dismissed from the team for violation of team rules.
Though Battle has been charged with DUI, the law mandates that he be presumed innocent of that crime until the government proves his guilt beyond a reasonable doubt. The presumption of innocence, though not explicitly spelled out in the constitution, was laid out in 1895 by The United States Supreme Court in Coffin v. United States. The 5th, 6th and 14th amendments also afford criminal defendants constitutional protections associated with trial. A policy that mandates taking away a privilege, such as membership in a sports team, based on pending charges helps to strip away these important constitutional protections. Battle apparently had a prior non-DUI charge , which is also still pending resolution. Though he did have the prior unresolved charge, he was allowed to play until these new allegations surfaced. Thus, the school based its decision to dismiss on the mere charging of a crime, therein trampling on any notion that he is innocent until proven otherwise.
