NFL Punishments + Misdemeanor Charges?

[ColtsConsistency]

After seeing Aquib Talib pressing his fingers in Dwayne Allen's eye sockets, it got me to thinking...

Should players receive actual charges for blatant offenses as a further deterrent from misconduct on the field? A fine and/or suspension only does so much. (Look at Suh) So why not add some jail time during that suspension on top of it, or community service?

This was just a thought. I'm not saying it should or shouldn't be implemented, but I would like to read your opinions on this.

[12isthenew18]

that's actually a good question? I don't know all the policies for that but you could find out

[DougDew]

No corporate policy can override the laws of the country.  Frankly, I think DA is well within his right to press charges right now, since the assault was intentional, not an act of playing the game.  But I think he would have to show damages...I'm sure if he was out a few games the lawsuit would have more merit. 

 

And, just like in the Greg Hardy case, the victim generally has to be the one who files charges and testifies as a witness.  NFL players probably don't want to open a can of worms out of fear they may be sued for some marginally legal hit they put on a player.

...sort of a never ending rolling stone.

 

But technically, I think DA can already file a complaint with the appropriate court.

[jet1968]

Boy oh boy!  I don't think any quarterback wants hit, so any time he got hit he could press assault charges?

Or here is something else to think about- If a player gets a career ending injury, how about a workmens comp claim?

[OffensivelyPC]

Congress has introduced several attempts to regulate these types of occurrences, but unsuccessfully.  Even in the courts, most of the time, criminal charges are not pursued because the chance of success is slim.  In the few times that a player is prosecuted, typically they plead the defense of consent (not necessarily consent of the type of force being applied, but to the type of injury sustained, i.e. your eye could be damaged whether its' poked intenitonally or incidentally, and the players assume at bare minimum the risk of eye injury).  Courts have since realized that this should only be half of the inquiry (thankfully) because obviously you may assume the risk of eye injury, but you don't assume the risk of eye injuries resulting from someone poking it after a play intentionally, for instance.  Many states have introduced other factors to consider other elements such as the nature of the act, the degree of force, and the accused' state of mind.  The problem still is the burden of proof, though and while you can say beyond a reasonable doubt that the person intended to commit a violent act and did in fact cause injury, ti's difficult to prove beyond a reasonable doubt that they intended to cause bodily harm with said violent act.  Only a handful of times have players ever been successfully convicted (and by plea agreement at that), usually in hockey, i.e. Betruzzi and Boulerice.

 

So to the extent that this sort of thing gets regulated, it's usually regulated by the body overseeing hte sport - NFL, NHL, MLB, etc.  It's almost as if it's like the government's enforcement branch turns a blind eye to it unless i'ts just so absolutely serious and outside the context of which the game is played - again, like when Boulerice swung his stick at another hockey players neck and sent him into convulsions.  What Talib did comes pretty close to a chargeable offense, if you ask me, but it honestly wouldn't really be worth anyone's time.  He would plea out and get at worst some community service and maybe a 15 days of probation.  Talib's missing a game and as a result losing four hundred thousand-ish dollars is a heftier punishment.

 

I will say though that criminal charges for things like this in high school is more likely, mostly because we're talking about minors who don't legally have the capacity to consent to things like that.  Plus the school isn't equipped to deal with that sort of thing and so internal regulation would prove fruitless, which is why they often have several officers patrolling the areas around the game.  

[aaron11]

After seeing Aquib Talib pressing his fingers in Dwayne Allen's eye sockets, it got me to thinking...

Should players receive actual charges for blatant offenses as a further deterrent from misconduct on the field? A fine and/or suspension only does so much. (Look at Suh) So why not add some jail time during that suspension on top of it, or community service?

This was just a thought. I'm not saying it should or shouldn't be implemented, but I would like to read your opinions on this.

There have already been cases where players got into legal trouble over actions on the field, though it is not all that common.

The pacers pistons brawl comes to mind

[Gavin]

If that were to happen then many players would be jailed and a quarter of the league would be gone, I'd say suspend him without pay for a minimum of 1 week and if Allen misses more then that suspend Talib(or any player) for the number of weeks Allen misses without pay. If that don't work then suspend them half the season (8 games)...Do it again 16 games. Do it again your done

 

None of that will happen though

[ColtRider]

Answer me this ... If Allen had lost his eyesight, what happens? Elementary to me. Charges. Jail time. Sued. Changes to the NFL.

[oldunclemark]

Answer me this ... If Allen had lost his eyesight, what happens? Elementary to me. Charges. Jail time. Sued. Changes to the NFL.

Think abut hockey where the boys routinely drop the gloves and commit intentional assaults outside of the playing of the game. Courts let the leagues resolve these issues. I don't know but I believe there is an accepted risk of being on the field.

Its not a criminal case.

A civil case? Maybe.

[oldunclemark]

Answer me this ... If Allen had lost his eyesight, what happens? .

Nothing. Football is virtually controlled assault. He'd have to sue Talib.

[ColtRider]

Think abut hockey where the boys routinely drop the gloves and commit intentional assaults outside of the playing of the game. Courts let the leagues resolve these issues. I don't know but I believe there is an accepted risk of being on the field.Its not a criminal case.A civil case? Maybe.

Yeah, I get that OUM! However, if someone on the field of play deliberately took away my eyesight & my livelihood, with unequivocal video proof?

That individual is going down. And, going down hard. I do everything in my power to achieve justice & retribution.

[Shane Bond]

Yeah, I get that OUM! However, if someone on the field of play deliberately took away my eyesight & my livelihood, with unequivocal video proof?

That individual is going down. And, going down hard. I do everything in my power to achieve justice & retribution.

That's what he just said. Ice hockey players swing at each other and everyone just stands and watches it. It's as intentional as it gets.

[ColtRider]

That's what he just said. Ice hockey players swing at each other and everyone just stands and watches it. It's as intentional as it gets.

I understand that, Shane. Let me ask everyone a question. If you were Dwayne Allen, and lost an eye(s) & livelihood after this incident, what would you do?

[Shane Bond]

I understand that, Shane. Let me ask everyone a question. If you were Dwayne Allen, and lost an eye(s) & livelihood after this incident, what would you do?

I agree with you. Rules need to be implemented across all sports.

[oldunclemark]

Yeah, I get that OUM! However, if someone on the field of play deliberately took away my eyesight & my livelihood, with unequivocal video proof?

That individual is going down. And, going down hard. I do everything in my power to achieve justice & retribution.

The key phrase there is 'justice and retribution', CR...

You would have to prove, I believe, that he intended to take away your livelihood, and not just acted out in a heated moment.

That's hard to do.

I think a civil suit is possible and that would be your justice and retribution

[ColtRider]

The key phrase there is 'justice and retribution', CR...You would have to prove, I believe, that he intended to take away your livelihood, and not just acted out in a heated moment.That's hard to do.I think a civil suit is possible and that would be your justice and retribution

I'm with ya, OUM. When I saw this live via TV, I wanted to be there and give Talib what for. It angered me that much. It sure looked like intent to maim to me. I'm sure he didn't mean to take away his livelihood, however, people end up paying large quantities of time in prison and shell out large amounts of money for things they didn't mean to do. Why should NFL players be exempt from that?

Anyway, a civil suit is a given. If Allen would've been severely injured, it sure opens up the possibility for criminal charges, IMO. Not that Allen would've pursued that, but man, Talib certainly could've exposed himself to that. That was my point.

[ColtsBlueFL]

After seeing Aquib Talib pressing his fingers in Dwayne Allen's eye sockets, it got me to thinking...

Should players receive actual charges for blatant offenses as a further deterrent from misconduct on the field? A fine and/or suspension only does so much. (Look at Suh) So why not add some jail time during that suspension on top of it, or community service?

This was just a thought. I'm not saying it should or shouldn't be implemented, but I would like to read your opinions on this.

 

No, not on excessive violence in sports, because that is not a crime.  Excessive violence includes hits that are unrelated to the game and hits that are outside the scope of the game, and they should be crimes.  The sports Violence act of 1980 died in Congress and was never enacted-

 

*

7/31/1980--Introduced.

"Sports Violence Act of 1980 - Amends the Federal criminal code to establish a maximum penalty of one year's imprisonment and/or a $5,000 fine for any player in a professional sports event who knowingly uses excessive physical force and causes risk of significant bodily injury to another person involved in such event."

*

https://www.govtrack.us/congress/bills/96/hr7903

 

Players just never seem to file suits in civil court against other players, either.

[Synthetic]

That's not possible since this is not criminal charges, nor can it become criminal charges.

 

Football is a violent game. Stuff happens like this. There's no way to really get the law involved with on field actions

[ColtsConsistency]

If I went to MY job and a co-worker jabbed his fingers in my eyes because his emotions got the best of him I shouldn't do anything legal wise because he's going to be reprimanded by Management anyway?

Just because it's a contact Sport should not be a legitimate reason for the State to not press charges, especially when they'd have their evidence on tape just by watching the game.

[ColtRider]

You simply CANNOT go onto any football field in the NFL and intentionally commit a violent criminal act, and expect it to be shuffled away under the guise of, "it's a violent sport", and get away with it. If you think it can, a study of laws for all states is in order.

[jvan1973]

That's not possible since this is not criminal charges, nor can it become criminal charges.

Football is a violent game. Stuff happens like this. There's no way to really get the law involved with on field actions

It is in Canada. Ask Marty Mcsorely