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Pro Athletes who Deliberately Injure Another Player Should Face Criminal Prosecution, Says New FindLaw Survey
EAGAN, Minn., Apr. 12 -- An overwhelming majority of Americans feel that professional athletes who deliberately injure another player should be subject to possible criminal prosecution, according to a new poll by the legal Web site FindLaw (www.findlaw.com).
Eighty-six percent of those surveyed said criminal charges should be a potential punishment for players who intentionally cause an injury. Thirteen percent said pro athletes should not face criminal prosecution in such cases
Earlier this month, the National Hockey League suspended Vancouver Canucks forward Todd Bertuzzi for one year after he sucker-punched and broke the neck of the Colorado Avalanche's Steve Moore. Vancouver police said they will forward their investigation report on the incident to British Columbia Crown prosecutors sometime this week. Prosecutors will review the police report, then decide whether to charge Bertuzzi with assault. At a news conference last week, Moore would not disclose whether he planned to sue Bertuzzi.
To date, most of the significant criminal prosecutions for assaults between players have involved hockey games played in Canada. In 2000, Vancouver officials charged Boston Bruin Marty McSorley with assault for hitting an opponent in the head with his stick. McSorley was convicted and given a suspended sentence. Four members of the Philadelphia Flyers were charged after a 1976 playoff brawl in Toronto; two players pleaded guilty to assault and were fined $750.
Prosecutions involving U.S. sporting events are rare. For example, the infamous incident in which boxer Mike Tyson bit off part of Evander Holyfield's ear during a bout in Las Vegas did not result in any criminal charges.
"When these incidents occur in the U.S., they're more likely to wind up as personal injury lawsuits, rather than criminal cases," said Geoffrey Rapp, an assistant professor at the University of Toledo School of Law. "In Canada there are caps on damages, and the criminal justice system may be viewed as a more effective means for deterring this type of violent behavior."
For example, Oakland Raider Marcus Williams filed a lawsuit against former football teammate Bill Romanowski after a fight during practice last year in which Williams' eye socket was broken. That case is expected to be heard later this year. Former Houston Rocket Rudy Tomjanovich won a $2 million judgement against the Los Angeles Lakers after the court held the basketball club liable for Kermit Washington's punch that broke several bones in Tomjanovich's face in 1977.
In general, players cannot be prosecuted or held liable for actions that do not violate the rules of the game and occur during the course of play. But Rapp said that when a player breaks the rules of the game or causes an injury after play has been stopped, there may be grounds for the player to be prosecuted and for the player or team to be held liable for his actions.
Information on sports law, including articles, current laws, past cases and attorneys who specialize in sports law can be found at free web sites, such as FindLaw, the leading legal web site.
NOTE TO EDITORS: The national survey used a representative sample of 1,000 adults nationwide, with a margin of error of plus or minus three percentage points, and was conducted by Ipsos Public Affairs.
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