Unformatted text preview: an athletic event. Rejected reliance on rules of game as too limiting; certain excesses and inconveniences are to be expended beyond the formal rules of the game. Intentional excesses beyond those reasonably contemplated in sport are not justified.
Correct inquiry – whether the conduct constituted foreseeable behavior in the play of the game; must have occurred as byproduct of the game
Holding: consent defense is not limited to conduct within the rules of the game, rather to the conduct and harm that are the reasonably Sports Violence
Sports Violence Governmental Legislation Proposed legislation has failed Private Justice: Internal League Controls Internal, rather than criminal penalties Soccer – yellow and red cards Hockey – penalty box League Suspensions and Fines Penalties may not go far enough to deter mock justice; make multimillion dollars Recently starting taking more severe action for egregious conduct. Ex. Albert Haynesworth Crimes Against Persons
Crimes Against Persons Hockey hitting with sticks Maki and Green – Not excessive Ciccarelli – First ever jail sentence Boulerice – 90 days probation for aggravated assault McSorley – 18 months probation for assault with a weapon Bertuzzi – punch and slammed to ice; probation and community service for assault causing bodily harm. Crimes Against Persons
Crimes Against Persons Baseball Pitch at batter’s head not outside the range of ordinary activity Castillo – Felonious assault causing serious injury; injured fan when threw baseball jury brawl Offerman – Charged mound and swung bat after hit by a pitch Basketball Kermit and Rudy – punch; Lakers sued too Storming the Stands – Ron Artest attached fan who threw beer...
View Full Document
- Spring '08
- criminal law, assault, Criminal Law Fundamentals