LawTalkers

LawTalkers (http://www.lawtalkers.com/forums/index.php)
-   The Fashionable (http://www.lawtalkers.com/forums/forumdisplay.php?f=14)
-   -   Fashion Board 3-5-04 to 4-6-04 (http://www.lawtalkers.com/forums/showthread.php?t=554)

ThurgreedMarshall 03-10-2004 04:09 PM

bertuzzi
 
Quote:

Originally posted by bilmore
Yeah, I should probably talk about sports I know more about.

If you watch ten pro football games, . . .
Wrong again. What made it vicious was the follow up once he was unconscious. Football players are terrified of crippling someone and I can't think of one instance when someone was clearly unconscious when the other person tried to finish the guy off. And I watch a hell of a lot of football. GWNC's right. You can't separate the two.

TM

ThurgreedMarshall 03-10-2004 04:12 PM

bertuzzi
 
Quote:

Originally posted by Mmmm, Burger (C.J.)
I gave it. In a game that tolerates/allows punching, any punch not involving equipment that's not permitted under the rules, is not a criminal act.
That's brilliant. So, if you were out cold on the ice and I hit you 5 times in the face with my stick and then stomped on your neck with my skate, severing your head, I shouldn't be prosecuted? That's the dumbest thing I've ever heard.

TM

baltassoc 03-10-2004 04:12 PM

bertuzzi
 
Quote:

Originally posted by spookyfish
From what Gwinky says, fighting is within the rules of the game, at least tacitly. I assume if seen, cheap shots aren't -- i.e. they are given a penalty.
Actually, this applies the standard wrong. Cheap shots are within the rules of the game, because there is a penalty (that falls short of expulsion from the game). It's like in basketball: fouls are "prohibited," but that can't be that bad, because everyone is allowed to have five per game. Even sucker punching someone is within the bounds of most popular American team sports, even when fighting is not permitted, because the sport deals with it as a game infraction.

It's when something truly goes beyond the bounds of the game that the torts / criminal law comes in. Here, I think there is a good argument that the combination of the cheap shot and the body slam went beyond that which is permitted tacitly.

ET apologize for sounding like I was lecturing to a bunch of 1Ls; I've been doing that too much lately IRL.

Did you just call me Coltrane? 03-10-2004 04:20 PM

bertuzzi
 
Quote:

Originally posted by ThurgreedMarshall
That's brilliant. So, if you were out cold on the ice and I hit you 5 times in the face with my stick and then stomped on your neck with my skate, severing your head, I shouldn't be prosecuted? That's the dumbest thing I've ever heard.

TM
He said "punching," not "stomping" or "severing head with skate."

Edited to add that he also said "punching not involving equipment."

I'm just being a dick though, since I don't really care about Canadians.

baltassoc 03-10-2004 04:22 PM

bertuzzi
 
Quote:

Originally posted by ThurgreedMarshall
That's brilliant. So, if you were out cold on the ice and I hit you 5 times in the face with my stick and then stomped on your neck with my skate, severing your head, I shouldn't be prosecuted?
Now that, I'd pay to watch.

ThurgreedMarshall 03-10-2004 04:22 PM

bertuzzi
 
Quote:

Originally posted by Did you just call me Coltrane?
He said "punching," not "stomping" or "severing head with skate."
When was the last time you heard of someone getting punched with a shiv? Because that's the example he used. Shivs are for stabbing or gutting.

TM

Did you just call me Coltrane? 03-10-2004 04:25 PM

bertuzzi
 
Quote:

Originally posted by ThurgreedMarshall
When was the last time you heard of someone getting punched with a shiv? Because that's the example he used. Shivs are for stabbing or gutting.

TM
Like I said, I was just being a dick. But I used the quote that you quoted. I could be contextually wrong b/c I haven't read the entire thread, which would just make me Wonk.


Mmmm, Burger (C.J.) 03-10-2004 04:28 PM

bertuzzi
 
Quote:

Originally posted by ThurgreedMarshall
That's brilliant. So, if you were out cold on the ice and I hit you 5 times in the face with my stick and then stomped on your neck with my skate, severing your head, I shouldn't be prosecuted? That's the dumbest thing I've ever heard.

TM
Yes. I'll take the chance that there might actually be no intervention before such a situation occurs rather than leave open to prosecutors their own determination of which criminal acts, which are legion in hockey games even outside of gwnc's top-ten-maulings, should be prosecuted. I see basically zero chance of that happening--and this was not such a situation, it was a fluid punch and takedown--whereas I see a much greater threat of pernicious interference by prosecutors into sport. (do you think Jeff Nelson will be teh last out-of-town athlete prosecuted?)

That said, I'd ban all fighting from the sport first, with match penalties, to make clear that any fights are not within the bounds of the game and potential criminal violations.

notcasesensitive 03-10-2004 04:30 PM

bertuzzi
 
Quote:

Originally posted by baltassoc
Now that, I'd pay to watch.
And they could show it on network tv I'm sure. As long as there are no inadvertent fan nipple shots during the filming.

bilmore 03-10-2004 04:30 PM

bertuzzi
 
Quote:

Originally posted by ThurgreedMarshall
Wrong again. What made it vicious was the follow up once he was unconscious
Maybe that's the difference in our perceptions. I wasn't convinced that he knew he was unconscious right away.

ThurgreedMarshall 03-10-2004 04:31 PM

bertuzzi
 
Quote:

Originally posted by Mmmm, Burger (C.J.)
Yes. I'll take the chance that there might actually be no intervention before such a situation occurs rather than leave open to prosecutors their own determination of which criminal acts, which are legion in hockey games even outside of gwnc's top-ten-maulings, should be prosecuted. I see basically zero chance of that happening--and this was not such a situation, it was a fluid punch and takedown--whereas I see a much greater threat of pernicious interference by prosecutors into sport.
You, my friend, are fighting the hypo. You want me to change it for you? You're out cold on the ice and I intentionally use my skate blade to cut your throat and you die as a result. Is that criminal? Don't dodge. Answer the question.

TM

paigowprincess 03-10-2004 04:31 PM

Log Cabin Republicans
 
Are they called that bc Lincoln was supposedly a gay?

ltl/fb 03-10-2004 04:31 PM

bertuzzi
 
Quote:

Originally posted by notcasesensitive
And they could show it on network tv I'm sure. As long as there are no inadvertent fan nipple shots during the filming.
Nipples???? That's just disgusting. Whore.

ThurgreedMarshall 03-10-2004 04:33 PM

bertuzzi
 
Quote:

Originally posted by bilmore
Maybe that's the difference in our perceptions. I wasn't convinced that he knew he was unconscious right away.
That's certainly possible. But the guy was already going down. I will concede that I have the benefit of watching it in slow motion. But I will note that he looked out right after the punch, right before bertuzzi jumped on his back -- at regular speed too.

TM

Did you just call me Coltrane? 03-10-2004 04:35 PM

bertuzzi
 
Quote:

Originally posted by ThurgreedMarshall
You, my friend, are fighting the hypo. You want me to change it for you? You're out cold on the ice and I intentionally use my skate blade to cut your throat and you die as a result. Is that criminal? Don't dodge. Answer the question.

TM
Is the puck underneath his head?*

*No I wasn't that guy in first-year torts.


All times are GMT -4. The time now is 12:55 AM.

Powered by: vBulletin, Copyright ©2000 - 2008, Jelsoft Enterprises Limited.
Hosted By: URLJet.com