Kevin Young Chapter 3 Flashcards
What are the two relatively legitimate categories of player violence?
Brutal bodily contact- the meat and potatoes- tackles, body checks, collisions, hits, and jabs. Found within rules of the sport and consent is either given or implied
Borderline violence- acts prohibited by the official rules of a given sport, but which occur routinely and are accepted by many people connected to the sport.
What are the two relatively illegitimate areas of player violence in the eyes of both sports administrators and the law?
Quasi-criminal violence- violates the formal rules of the given sport, the law, and to a significant degree, the informal norms of players. Resuts in serious injury.
Criminal violence: behaviours so seriously and obviously outside of the boundaries of acceptability of both the sport and the wider community that they are addressed and sanctioned formally by the CJS from the outset.
What is sports crime?
Aggression and violence among athletes, inckuding behaviour prized and protected within the subculture.
What is volenti non fit injuria?
Voluntary assumption of risk.
What are six common defewnces that comprise judicial resolution in favour of the plaintiff in sport?
1) Battery and problem of establishing intent
2) Assumption of risk
3) Consent
4) Provocation
5) Involuntary reflex
6) Self defence
What is battery and the problem of establishing intent?
Requires plaintiff to prove the individual causing injury possessed the requisite mens rea.
What is the assumption of risk defence?
Emphasises that players assume knowlege of ordinary game risks and dangers, but not including extraordinary risks.
What is the consent defence?
Argues that players must consent to all contact occurring in a game, regardless of outcome (most relied upon defences for athletes who injure opponents).
What is the provocation defence?
Argument that defendant was provoked into retaliation- rarely taken seriously.
What is the involuntary reflex defence?
Assaultive players acted without malicious intent in the heat of the game, professional sports contexts are conducive to loss of emotional control.
What is the self-defence argument?
Legitimizes the use of foce by a defendant in a situation where force is used against him/her. Defendant is limited to using no more force than their attacker.
What is a major motivator for high risk sports practices?
Team, school and university reputation.
Why are prosecutors reluctant to prosecute players criminally charged with injuring opponents?
1) Courts have more important things to do like prosecuting the real criminals
2) The leagues themselves are in the beset position to effectively control player behaviour
3) Civil law better than criminal proceedings for dealing with an injured players grievances
4) Unfair to prosecute a player when the law is unclear as to what sort of injurious behaviour it defines as unreasonable
5) Almost impossible to reach a guilty verdict in sports violence or sports injury cases
6) Prosecuting athletes does little to solve the wider social causes of sports violence and injuries.
What are civilising spurts according to Elias?
Occur as part of the process of state control, acceptable levels of olence gradually drop and are policed more tightly.
What is a wanted behaviour according to Atkinson and Young?`
An action, thought, or symbol that violates an accepted or cultural standard- not defined as proper or just, generally understood to be controversial
