by Joe Joey

Created on: June 23, 2009   Last Updated: July 04, 2009

A 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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