Topic regarding fighting ?

  1. You have chosen to ignore posts from boborielly224. Show boborielly224's posts

    Topic regarding fighting ?

    On my way to work listening to a sports talk show on the radio. A person called in asked if two NHL players are fighting if one gets killed, should their be a man slaughter charge. It was a good half hour topic. What are your opinions about this question?

    In conclusion the final verdict was if this would happen then the NHl will have to step up and do something. Then again they also mention this has already happen in boxing but no charges.

     
  2. You have chosen to ignore posts from Fletcher1. Show Fletcher1's posts

    Re: Topic regarding fighting ?

    Thanks bobo -- nice to have a non "begging-for-attention" thread this morning.

    I think that there is immunity for actions that are a) deemed to be part of the game; and b)an accepted risk on the part of the victim.

    So, if two guys square up, drop the gloves, and fight -- there wouldn't be any criminal liability for what happens.  Both players accepted the risk there.

    But if someone is killed by a sucker punch or a McSorely stick swing, than they might very well be subject to criminal charges.  Anyhow, I'm not certain about that and really the decision is in the hands of the prosecutor for that jurisdiction.  So would you run a greater risk of prosecution being in Montreal, given the constituency?  Probably.

     
  3. You have chosen to ignore posts from hangnail. Show hangnail's posts

    Re: Topic regarding fighting ?

    As long as fighting is allowed in the NHL rulebook, the law can't touch it.

     
  4. You have chosen to ignore posts from boborielly224. Show boborielly224's posts

    Re: Topic regarding fighting ?

    In response to Fletcher1's comment:
    [QUOTE]

    Thanks bobo -- nice to have a non "begging-for-attention" thread this morning.

    I think that there is immunity for actions that are a) deemed to be part of the game; and b)an accepted risk on the part of the victim.

    So, if two guys square up, drop the gloves, and fight -- there wouldn't be any criminal liability for what happens.  Both players accepted the risk there.

    But if someone is killed by a sucker punch or a McSorely stick swing, than they might very well be subject to criminal charges.  Anyhow, I'm not certain about that and really the decision is in the hands of the prosecutor for that jurisdiction.  So would you run a greater risk of prosecution being in Montreal, given the constituency?  Probably.

    [/QUOTE]

    Thanx fletch but we all can talk til we are blue in face about this topic.

     
  5. You have chosen to ignore posts from Not-A-Shot. Show Not-A-Shot's posts

    Re: Topic regarding fighting ?

    I don't think the other player would be up for murder or even charges, but it would probably put an end to fighting.

     
  6. You have chosen to ignore posts from shuperman. Show shuperman's posts

    Re: Topic regarding fighting ?

    In response to Fletcher1's comment:
    [QUOTE]

    Thanks bobo -- nice to have a non "begging-for-attention" thread this morning.

    I think that there is immunity for actions that are a) deemed to be part of the game; and b)an accepted risk on the part of the victim.

    So, if two guys square up, drop the gloves, and fight -- there wouldn't be any criminal liability for what happens.  Both players accepted the risk there.

    But if someone is killed by a sucker punch or a McSorely stick swing, than they might very well be subject to criminal charges.  Anyhow, I'm not certain about that and really the decision is in the hands of the prosecutor for that jurisdiction.  So would you run a greater risk of prosecution being in Montreal, given the constituency?  Probably.

    [/QUOTE]

    In the street a person would still be charged.  The other person cant consent to death or bodily harm.   

     
  7. You have chosen to ignore posts from Fletcher1. Show Fletcher1's posts

    Re: Topic regarding fighting ?

    In response to shuperman's comment:
    [QUOTE]

    In response to Fletcher1's comment:
    [QUOTE]

    Thanks bobo -- nice to have a non "begging-for-attention" thread this morning.

    I think that there is immunity for actions that are a) deemed to be part of the game; and b)an accepted risk on the part of the victim.

    So, if two guys square up, drop the gloves, and fight -- there wouldn't be any criminal liability for what happens.  Both players accepted the risk there.

    But if someone is killed by a sucker punch or a McSorely stick swing, than they might very well be subject to criminal charges.  Anyhow, I'm not certain about that and really the decision is in the hands of the prosecutor for that jurisdiction.  So would you run a greater risk of prosecution being in Montreal, given the constituency?  Probably.

    [/QUOTE]

    In the street a person would still be charged.  The other person cant consent to death or bodily harm.   

    [/QUOTE]

    Yes.  He was asking about hockey.  I responded about hockey.

     
  8. You have chosen to ignore posts from NeelyOrrBourque. Show NeelyOrrBourque's posts

    Re: Topic regarding fighting ?

    This was brought up before yrs ago & the law apparently states that a player cannot get criminally charged in a hockey fight if one of them were to get killed. 

     
  9. You have chosen to ignore posts from goodnewsbears. Show goodnewsbears's posts

    Re: Topic regarding fighting ?

    It's never happened in the NHL, but it happened in Ontario a few years ago in a Senior League game.  I don't think the other player involved in the fight was charged and I don't think he should have been.


    http://www.cbc.ca/sports/hockey/senior-hockey-league-player-dies-from-fight-related-injury-1.793185

     
  10. You have chosen to ignore posts from Fletcher1. Show Fletcher1's posts

    Re: Topic regarding fighting ?

    In response to goodnewsbears' comment:
    [QUOTE]

    It's never happened in the NHL, but it happened in Ontario a few years ago in a Senior League game.  I don't think the other player involved in the fight was charged and I don't think he should have been.


    http://www.cbc.ca/sports/hockey/senior-hockey-league-player-dies-from-fight-related-injury-1.793185

    [/QUOTE]

    I think it gets tricky if you have an "unwilling" combatant.  For example, if Ray Emery kills Brayden Holtby by punching him in the back of the head after jumping him and forcing him to fight, it would get very interesting.  I think you run the risk of getting charged in that scenario.  But when it comes down to it, I think that the act of dropping the gloves implies a willingneess to fight and therefore a consent to the risk involved.

    It would depend on the jurisdiction too though.  Some cowboy district attorney could decide to cave to public outcry and make a name for himself, and the NHL would have no place to say "it's part of the game".  DA's have a lot of latitude and discretion with these things.

     

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