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Doss2k
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I wasn't aware precedents could only be set in America...

12/21/2015 10:44:52 AM

Doss2k
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Quote :
"In most legal systems, you are able to give consent for certain activities or risks. This is also why certain other activities (for example, things a couple may enjoy in their own home) are not necessarily assault if consented to.

Essentially, therefore, your consent gives the person doing the hitting the legal excuse (a little different to a normal excuse for forgetting your homework or being late to work): or a defense that their actions were reasonable. This stops the issue being the law, therefore, and becomes an issue of what does/doesn't constitute an "excuse".

It is not therefore a question of "What law allows you to commit a crime during sport?" instead it is really one of "Exactly how much consent can a person give, to allow consent to be used as an excuse, and at what point is that consent no longer an excuse?"

For example in R v Brown (UK Case Law) it was established that you cannot give unlimited consent. Similarly in every jurisdiction I'm aware of, that consent is only able to be given within the realms of the rules of the sport. As soon as the rules are broken, a crime may have been committed.

I won't go into the details of R v Brown here, as I'm not convinced that it's suitable for SE (although I'm sure you can find it), but to give a more sport-related example, R v Donovan established that

No person can license another to commit a crime, if (the jury) were satisfied that the blows struck ... were likely or intended to do bodily harm ... they ought to convict ... only if they were not so satisfied (was it) necessary to consider the further question whether the prosecution had negatived consent.

Again, similar case law or exemptions exist in most jurisdictions. Essentially what this establishes is that if the intent is to cause harm, rather than to undertake the sport or activity to which consent has been given, it is still a crime

The question after this is then generally one of whether it is in the public interest to prosecute, and often (but not always) the victim's wishes are taken into account.

In some cases, the sportsman is prosecuted: for example this British football player who assaulted an opponent. In other cases there is either insufficient evidence, or insufficient interest in the prosecution.

In many cases where the rules are broken but no serious harm is done, for example where rules are broken accidentally or in a minor way, the police or prosecution service (or equivalent) may simply regard the matter as sufficiently dealt with. This is the same as with most other cases, where not every instance of assault is necessarily prosecuted: two teenage brothers fighting may not result in a prosecution, or an assault in the street may not carry enough evidence.

And to indirectly answer the question - the reason players are often not prosecuted is because "In the public interest" incorporates an element of public opinion. If a certain action has become (or always been seen as) acceptable, it is unlikely to be prosecuted. For example minor fouls in games, or accidental fouls causing injuries. The other primary reason is that the victim chooses not to press charges (although this isn't required, and the police are able to press charges themselves, it is often taken into account)"


Eh I guess this mostly gives reasons as to why we dont see it more frequently. Now let me ask you this, had that exact same play resulted in Norman being concussed to the point he missed a few games would that make it different? What if somehow Norman died from that same hit? Do you not think OBJ should be put in jail then? Obviously that didnt happen but the intent to hurt outside the normal rules of a game was pretty clear.

12/21/2015 10:53:22 AM

BridgetSPK
#1 Sir Purr Fan
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It's a grey area.

And, for now, I don't think anyone wants charges to be brought in these situations.

I mean, if OBJ bragged before the game that he planned to concuss a defenseless Norman, then that's clearly criminal.

But I don't wanna watch a game where people are paranoid about going to court for breaking the rules, and we all have to watch some TV personalities reflect on legal minutiae when they should be showing clips of cool plays.

12/21/2015 11:50:57 AM

Doss2k
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Oh I agree in almost all situations its not really up for discussion just this particular one really seemed so over the top it got me wondering about where the line is where something becomes an actual criminal act in a sports game. Luckily Norman seemed fine, but he could easily have been badly hurt by a play like that. I feel like one game in this situation would be sending the wrong message, but thats just me.

12/21/2015 12:03:26 PM

BridgetSPK
#1 Sir Purr Fan
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One game is totally the wrong message.

I'm confused how just a few weeks ago commentators couldn't stop "analyzing" what the Bills had to say about OBJ.

But I haven't heard a word about those remarks now.


They're taking comical steps to protect this "immature" guy's reputation.

12/21/2015 12:12:44 PM

bdmazur
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There are a lot of players who should have been arrested for a lot of reasons and weren't but none of them happened on the field.

No one went to jail when the Saints paid their players for creating injuries. That's like the mob paying the muscle for "taking care of the thing with that guy." Fines, suspensions...no arrests.

12/21/2015 1:41:18 PM

thegoodlife3
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Bountygate was an absolute farce

you probably don't want to bring that one up

12/21/2015 1:53:06 PM

synapse
play so hard
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http://deadspin.com/reports-bat-wielding-panthers-menaced-odell-beckham-jr-1749127130

12/21/2015 3:15:49 PM

CarZin
patent pending
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That is almost too stupid for me to believe.

12/21/2015 3:51:27 PM

bdmazur
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Quote :
"I mean, if OBJ bragged before the game that he planned to concuss a defenseless Norman"


It's looking more and more like Norman and the whole secondary had it out for Beckham from before the game. Again, not excusing his reaction to it, but Norman had a plan to get things roughed up and then he coasted once he got OBJ to that point.

If this had happened against the Dolphins last week, I don't think any of you would be in here posting about it.

[Edited on December 21, 2015 at 3:57 PM. Reason : -]

12/21/2015 3:56:53 PM

hey now
Indianapolis Jones
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When did New York players, fans, media, etc...become such complete pussies?

12/21/2015 3:56:57 PM

dmspack
oh we back
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Quote :
"Again, not excusing his reaction to it, but Norman had a plan to get things roughed up and then he coasted once he got OBJ to that point."


i know you're a giants fan so you're probably biased (as am i) but even if that's the case...getting in somebody's head, playing physical, whatever you wanna call it...that's part of the game. i know you aren't trying to excuse Beckham's behavior. but any "reason" ODB can give is very likely gonna pale in comparison to what he did on the field. it's still 100% on ODB for reacting like he did. anybody (not necessarily you) trying to shift blame from ODB to anybody else is flat out wrong for doing so, imo.

12/21/2015 4:05:54 PM

synapse
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^ yeah when i read his phrase:
Quote :
"but Norman had a plan to get things roughed up..."


I was also thinking:
Quote :
"getting in somebody's head, playing physical, whatever you wanna call it...that's part of the game."




[Edited on December 21, 2015 at 4:12 PM. Reason : it's official: 1 game suspension]

12/21/2015 4:07:33 PM

bdmazur
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^^I am a fan of both teams so it was aggravating to both players acting like children, then OBJ took it too far.

Tom Coughlin:
Quote :
"I will not defend his actions yesterday because they were wrong and this particular franchise does not tolerate that."


I just don't like how hypocritical all the Panthers-only fans are about suddenly caring this much about head shots. The general NFL fans and analysts are saying he got away with it for being a superstar, but I think it's the opposite. People wouldn't be talking about it this much if he was a nobody. A young guy screwed up and he's being punished for it, and hopefully he has learned from it. Thank goodness Norman wasn't injured on the play. Now let's move on.

Quote :
"if Giants lose and Redskins win this week, then I think it's all over"


It's for the best the Giants are beyond hope, I can go back to only one heart attack per week instead of two. Giants would have to win out (@Vikings, Eagles) and Skins would need to lose out (@Eagles, @Cowboys). I don't think either is happening, especially with OBJ out of the Vikings game.

12/21/2015 4:29:30 PM

thegoodlife3
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Quote :
"I just don't like how hypocritical all the Panthers-only fans are about suddenly caring this much about head shots."


it was the most blatant and violent headshot I've ever seen and would have been against any of the other 31 teams in the league

stop making excuses for him

12/21/2015 4:51:59 PM

spencer
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so we're supposed to believe Beckham thought Ball or Norman were gonna pull a Tonya Harding on him?

12/21/2015 5:44:27 PM

TreeTwista10
minisoldr
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or an LL in In Too Deep

12/21/2015 6:13:32 PM

jbrick83
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And fuck Coughlin for not taking him out and offering up that bull-shit excuse that he didn't "see" certain things. Liar.

12/21/2015 6:16:37 PM

bdmazur
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No one is trying to make excuses for him. Except for whatever this bat nonsense is but I don't think anyone is buying too much into it being a big deal. The Panthers just want to bring the wood.

[Edited on December 21, 2015 at 6:19 PM. Reason : -]

12/21/2015 6:19:00 PM

TreeTwista10
minisoldr
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Coughlin should've at least pulled him out for a few snaps. I understand why he wouldn't want to bench his best playmaker for the entire game if the refs weren't going to eject him. But pull him out for a drive and calm that crazy bastard down.

12/21/2015 6:42:25 PM

HOOPS SHALOM
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Quote :
"Suspend It Like Beckham"

12/21/2015 6:56:29 PM

spencer
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Quote :
"Ron Jaworski ?@jawsespn 26m26 minutes ago NFL Films
BREAKING NEWS: Odell Beckham suspension to be OVERTURNED! (Per sources in NYC) Wow!"

12/23/2015 3:47:12 PM

hey now
Indianapolis Jones
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NOPE

12/23/2015 5:38:43 PM

spencer
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lol, Jaws pulled a Steve Harvey

V it didn't, he lost the appeal. Jaworski "broke" false news

[Edited on December 23, 2015 at 5:45 PM. Reason : ]

12/23/2015 5:41:04 PM

justinh524
Sprots Talk Mod
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Both he and Norman should have been suspended

[Edited on December 23, 2015 at 5:45 PM. Reason : Butts]

12/23/2015 5:42:42 PM

TreeTwista10
minisoldr
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except he lost the appeal

12/23/2015 5:45:23 PM

HaLo
All American
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Someone is very conspicuously absent from Beckham's apology

[Edited on December 23, 2015 at 5:49 PM. Reason : .]

12/23/2015 5:49:39 PM

bdmazur
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Coughlin resigned his position today.

I was never a Coughlin hater...5 postseason appearances and 2 super bowl championships in 12 years is way better than most coaches not named Belichick in recent memory. But his ability to manage his players and the game has clearly diminished and it was time to go. I'm excited to find out who's next.

1/4/2016 2:43:08 PM

rflong
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BC on the horn with Coughlin. Addazio suicide watch.

1/4/2016 2:45:23 PM

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