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Add to FavoritesA toy store employee punches the snot out of his obnoxious manager. Is this a crime? Although most people would say the manager deserved it, most would also agree this act of violence would also be a crime. Violence in between players in sports can be a tricky thing. On one hand players are employees of a company, the league. Most companies don't have the same authority as officials of the law. On the other hand, sports are naturally more violent. The question that needs to be addressed is what the definition of violence is. If we are speaking about the violence that is naturally within a sport, such as fisticuffs in the NHL or a bulldozing tackle in the NFL, then that is a league matter. That kind of violence is a part of the sport and part of the league. The violence between players that should be considered criminal is the violence not within the context of the sport or league rules.
Let's take the NBA as an example of looking at this question. If a player pushes another player excessively during the play of a the game, then the league officials will assess an appropriate penalty. Sometimes this penalty is a flagrant foul, which can lead to a suspension. The league could also directly penalize the player with suspension or suspension without pay.
Now if an NBA player sucker punches another player, then that should be a criminal matter. The Malice at the Palace between the Indiana Pacers and Detroit Pistons in 2004 was such an example. Although the league did assess its own penalties to players, players were also charged according to criminal law. Granted this brawl involved players going into the stands, but the concept remains the same.
Even if the violence between the players occurs during the game, it could still be criminal if the act was outside the expectations of the sport. For example, a basketball player who throws a clipboard at another as a reaction to a foul is still committing a criminal act. Acts of violence between players outside the parameters of the game should be under the ultimate judgment of the criminal law, not the league.
The league is a company that pays its employees (the players) to play a sport. Within sports there are various levels of contact and various levels of violence. This means that as a company the league is paying its employees to do jobs that can be violent. Rules, however, provide guidelines on how much violence and what kind of violence is to be expected. A football player who tackles someone is not considered as outrageous as a basketball player committing the same act of violence. There is no penalty for a normal tackle in football, but there would be one in basketball. Thus, if violence between players is outside the parameters of the game (and therefore outside league guidelines), then the act of violence should be considered criminal.
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League
Ever since the McSorley incident, when Marty McSorley took a stick to Donald Brasheer's head, people have been making a fuss about every incident in the NHL that is borderline questionable. It's more then understandable why McSorley and Todd Bertuzzi had to face legal ramifications after their actions on the ice. However this does not justify all violent acts between players having legal consequence. Multiple factors need to be accounted for when considering if a violent act requires legal attention.
Hockey is a violent sport, no debate about that. Violence will always be part of what happens on the ice and there is no changing that. When an act of violence occurs on the ice it happens because raw emotion has overcome good judgement. Most times there is a history between the players involved and a story to go along with the act of violence. When considering if legal action is required, the well being of the "victim" must be accounted for. If the injured party is no longer able to play, then the issue must require legal attention. Players in the NHL play hockey for a living, it is their job to play hockey. If a co-worker injures you so that you can no longer make a living it's understood that legal action should be prevelant.
However, the violent nature of these players' job it must also be considered. They don't sit behind a desk and enter data into a computer screen. Violence is somewhat tolerated in the NHL profession and this must also be considered when evaluating a situation. The league has rules to discourage such behaviour. Disciplinary action is taken by the league in the form of suspension and fines. The length and cost of these suspensions is not pre determined, but rather unique to each act of violence based on an evaluation of the issue in question.
Furthermore it must also be noted that these players are also athletes, and the organizations they represent are constantly trying to maintain as prestigeous image as possible. Having "goon" type players performing violent acts are discouraged by most teams (perhaps the Philadelphia Flyers being the exception). Ontop of league suspensions and fines, a player who breaks the rules must also face whatever discipline the team chooses. A violent act that has a player suspended by the league is sure grounds of a violation in any players contract.Thus rendering the team able to choose if it wants to allow that player back on the active roster. Further discipline could mean no more playing time, and no more paycheck.
Perhaps the most simple solution to all this is for the league to adapt a biblical law and implement the "eye for an eye" rule. If a player injures another player, the player at fault should remain out of action for the duration of the injured players off time, with further suspension pending. Each violent act is unique, but for the most part the league is capeable of governing itself, minimal legal assistance required. Before we scream for the police to get involved, lets evaluate the situation, take it one day at a time and really ensure that the punishment really does fit the crime. Lets remember, there's murderers in jail who don't get the death penalty because it's "unethical". That seems to be a diffent issue for a different time. Go Stars Go.
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