Explore The NRA Universe Of Websites

APPEARS IN News

Rice, Allen Cases Show Danger of Unchecked Prosecutorial Discretion

Friday, September 12, 2014

The year 2014 has gone from bad to worse for Baltimore Ravens running back Ray Rice. In February, he was involved in an ugly confrontation with his then-fiancée (and now wife) Janay Palmer in an Atlantic City hotel casino.  A security camera captured the incident, which ended with Rice hauling the unconscious Palmer out of the elevator.

At first, handling of the event seemed to be favoring Rice. The Atlantic County Prosecutor’s Office, for its part, was willing to give Rice a break.  In May, Atlantic County Prosecutor Jim McClain agreed to allow Rice to enter a pretrial intervention program for first offenders, even though Rice was indicted for felony aggravated assault.  The program allows Rice not just the opportunity to avoid prison time but, upon successful completion of the program’s requirements, any conviction whatsoever.

Initially, and perhaps based in part on the leniency shown in the criminal case, the NFL was also notably forgiving. After meeting with Rice and his representatives in June, NFL commissioner Roger Goodell on July 24 handed Rice a two-game suspension for violation of the league’s personal conduct policy.

As for Ms. Palmer herself, she was also willing to put the incident behind her.  In March, she and Rice were married.

The picture changed radically for Rice this week, however, after additional video footage of the incident became public (readers should be cautioned of the graphic nature of the footage). In the video, the 27-year-old professional football player is seen knocking Palmer out with a brutal punch to her face.  Faced with intense public outrage (during which even the President of the United States voiced his condemnation of domestic abusers), the Ravens released Rice, and the NFL reversed its earlier decision and suspended him from the league indefinitely.

You now have to look pretty hard to find anyone willing to defend Rice or suggest that leniency in his case is appropriate.  At least one person, however, believed his prosecution was handled appropriately. That would be Atlantic City Prosecutor Jim McClain. Speaking to the media, McClain insisted that Rice would not have gone to prison even upon conviction.  “Even if they disagree with why I did what I did, I just want people to know the decision was made after careful consideration of the law, careful consideration of the facts, hearing the voice of the victim and considering all the parameters," he said.  With evident futility, McClain added, “I want people to have confidence in this agency, even if they don’t agree with everything we do.”

Based on a number of scathing editorials, Mr. McClain may find that wish unfulfilled.  As we recently reported, McClain’s office took a very different posture in a case involving Shaneen Allen, a single mother from Philadelphia who was arrested last October after a traffic stop, allegedly for weaving within the lane of travel.  By all accounts, the worst that could be said of Ms. Allen is that she failed to understand her Pennsylvania concealed carry permit was not recognized under New Jersey law, meaning that when she informed police of the handgun in her purse, they had all the evidence they needed for a felony arrest.  Like Rice, Ms. Allen had no criminal history.  Like Rice, she was gainfully employed.  Like Rice, she was accepted into Atlantic County’s Pretrial Intervention Program (PTI) by its director.  Like Rice, Ms. Allen is finding her year getting far worse as it progresses.

Unlike Rice, however, the offense for which she was accused involved no violence, aggression, or harm to another person.  Yet McClain’s office nevertheless refused to dispose of the case through PTI, leading the same judge who handled Rice’s case to rule that he would defer to the prosecutor’s discretion.  According to the assistant prosecutor who appeared at the hearing, Allen’s prosecution could serve as a “deterrent,” and the alleged offense was “too serious to warrant divergence” into PTI.  If convicted, Ms. Allen faces a mandatory minimum of three years in prison, with a possible sentence of up to 10 years.

Numerous commentators (including here, here, and here) have already mentioned the gross disparity in how the Atlantic County Prosecutor’s Office and the New Jersey criminal “justice” system have treated the two cases.  McClain’s office has refused to address the issue with the media, saying they won’t comment on a pending prosecution.

Ms. Allen’s fate is scheduled to be decided in October by a New Jersey jury.  However, as this article is going to press, we can report that McClain’s office has requested her upcoming trial be delayed while he reviews the appropriate resolution of her case, and that a judge has granted McClain's request. 

Whatever the outcome, Congress should act.  If states like New Jersey refuse to recognize the Second Amendment, the federal government has a duty to ensure the rights of the American people by passing federal legislation like the pending Right-to-Carry Reciprocity Act of 2013.

Rest assured, we'll keep readers apprised of any new developments.

TRENDING NOW
Pro-2A Journalist Awarded in New Jersey: Further Proof the Garden State is Savable?

News  

Monday, January 5, 2026

Pro-2A Journalist Awarded in New Jersey: Further Proof the Garden State is Savable?

It’s rare to see journalists write accurate articles about the Second Amendment and the right to self-defense, and even more rare to see them receive accolades from their mainstream peers for such articles.  

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

Monday, January 5, 2026

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

On Friday, Jan. 3, a divided three judge panel of the U.S. Court of Appeals for the Ninth Circuit held that California’s ban on open carry in counties with a population of greater than 200,000 ...

2025 Litigation Update

Wednesday, December 31, 2025

2025 Litigation Update

In 2025, the National Rifle Association defeated New Mexico’s 7-day waiting period for firearm purchases, the ATF’s “engaged in the business” rule, the ATF’s “pistol brace” rule, a lawsuit seeking to ban lead ammunition in ...

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

News  

Monday, January 5, 2026

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

As a new year begins, a timeless new year resolution remains: Work hard to ensure your state does not become like Illinois. As multiple firearm-related news outlets revisit the highs and lows of 2025, it ...

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

In September, the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

2025 Grassroots Year In Review

Take Action  

Wednesday, December 31, 2025

2025 Grassroots Year In Review

As 2026 starts, we want to pause and recognize what we have accomplished together in 2025—and, more importantly, the work that all of you contributed to help us achieve these victories.

California: 2026 Legislative Session Is Now Underway!

Monday, January 5, 2026

California: 2026 Legislative Session Is Now Underway!

Today, January 5th, the California Legislature reconvened for the 2026 legislative session, marking the second year of the two-year legislative cycle. As in years past, gun control advocates are expected to continue pushing their anti-gun ...

U.S. DOJ and 25 States File Amicus Briefs Supporting NRA Challenge to California Ammunition Regulations

Tuesday, January 6, 2026

U.S. DOJ and 25 States File Amicus Briefs Supporting NRA Challenge to California Ammunition Regulations

The U.S. Department of Justice and a coalition of 25 states have each filed amicus briefs in Rhode v. Bonta, a case backed by the National Rifle Association and California Rifle and Pistol Association challenging California’s ...

Virginia: Gun Control Looms on the Horizon – Make Plans to Attend Lobby Day in January!

Monday, December 22, 2025

Virginia: Gun Control Looms on the Horizon – Make Plans to Attend Lobby Day in January!

Anti-gun legislators in Richmond have already begun filing legislation ahead of the upcoming Virginia General Assembly session. 

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

News  

Tuesday, January 6, 2026

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

In 1999, when the rest of the country was fretting over the potential Y2K disruption of worldwide computer systems, the City of Gary, Indiana launched its lawsuit against handgun manufacturers, retailers and a wholesaler, raising ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.