Nonstopdrivel
12 years ago
If it's obviously wrong, then why does it need to be made into a crime? And why does the government need to punish it?

Committing adultery is wrong. That doesn't mean the government needs to get involved.
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nerdmann
12 years ago

If it's obviously wrong, then why does it need to be made into a crime? And why does the government need to punish it?

Committing adultery is wrong. That doesn't mean the government needs to get involved.

Originally Posted by: Nonstopdrivel 



Intentionally injuring someone is already a crime. I'd look closer at this to see if there was an effort to rig games via injury.
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Nonstopdrivel
12 years ago
Yes, except that if a sport has been legally ruled a full-contact sport, there is no liability or injuries sustained in the course of a game, at least not in Wisconsin. That is why cheerleading injury claims are dismissed in Wisconsin courts -- the sport was ruled a full-contact sport.
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Porforis
12 years ago

If it's obviously wrong, then why does it need to be made into a crime? And why does the government need to punish it?

Committing adultery is wrong. That doesn't mean the government needs to get involved.

Originally Posted by: Nonstopdrivel 



That logic in and of itself can be used to argue that nothing should be a crime.
zombieslayer
12 years ago

Intentionally injuring someone is already a crime. I'd look closer at this to see if there was an effort to rig games via injury.

Originally Posted by: nerdmann 



Yes, it is rigging games if you intentionally physically knock out the key players. Imagine if opposing teams tried to take out Joe Montana and Jerry Rice via injury in the 80s. The turn outs would have been very different.
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Wade
  • Wade
  • Veteran Member
12 years ago

to be fair i was irritated reading that as well, until i read this:

“After consulting with Judiciary Committee Chairman Patrick Leahy and Crime Subcommittee Chairman Sheldon Whitehouse, I will convene a hearing to explore the prevalence of this bounty practice and determine whether existing sports bribery laws should be expanded to include a prohibition on bounties.”

and this:

“Let’s be real basic about it here,” Senator Durbin told Howard Fendrich of the Associated Press. “If this activity were taking place off of a sporting field, away from a court, nobody would have a second thought [about whether it's wrong]. ‘You mean, someone paid you to go out and hurt someone?’

both are pretty good points as to why the government is considered getting involved

Originally Posted by: gbguy20 



Yes and no.

Yes in the sense that the feds now get involved in anything they think is worth getting involved with.

No in the sense that this should be a federal matter. If we're talking about anti-trust law, that's one thing; its sort of the classic justification for legislative intervention, i.e., the commerce clause of Article I.

However, assault and the solicitation of same -- these are matters of criminal and/or tort law, two areas that historically belong to the states. Federal courts hear some of these, but when they do they tend to find and apply the state law to apply. Only if there is some "federal question" (e.g. antitrust, treason, whatever), is the decision going to be made using federal statutes.

Assault is a funny thing. It can be a tort (a wrong against an individual), or it can be a wrong against the state (small-s, not large-S State of Minnesota). Federal question subject-matter jurisdiction in tort comes only if there is a individual right under federal law (e.g., a law requiring compensation for a "civil rights" violation). Federal criminal law jurisdiction lies similarly, e.g. for treason, sedition, assaulting the President of the United States, etc.

But there is no general federal law either imposing liability for the tort of assault or providing punishment for the crime of assault. There are some specific assaults that have been made federal crimes (e.g., assaulting certain fed official). (The Uniform Code of Military Justice, part of federal law, also has provisions for assault.) But most have not. Most assault remains a matter of state law. And should.

I'm not even sure such a law would pass constitutional muster. It certainly wouldn't if the Ninth and Tenth Amendments had any respect remaining at all. But even recognizing that the courts will likely continue to ignore those two amendments' plain meaning, I think bringing garden-variety assault under Article I is going to bring major objection.

Could the Saints' activities be considered criminal? Yes. But that's for states (or federal courts applying state law) to decide. It's simply not a federal matter.

Or shouldn't be.

If the Moronable Senator Durbin thinks he needs to get involved, he needs to do it by constitutional amendment. Hah!

Provisional rule #64: If it's said by a politico in a committee room, it's ignorant, moronic, wrong, or some combination of the three.




And do not be conformed to this world, but be transformed by the renewing of your mind, that you may prove what is that good and acceptable and perfect will of God.
Romans 12:2 (NKJV)
Wade
  • Wade
  • Veteran Member
12 years ago

If it's obviously wrong, then why does it need to be made into a crime? And why does the government need to punish it?

Committing adultery is wrong. That doesn't mean the government needs to get involved.

Nonstopdrivel wrote:



Because people continue to forget (or never learned) that there's a difference between a tort and a crime, of course.

Torts are wrongs done to individuals. Remedy: lawsuit by the individual wronged.
Crimes are wrongs done to the state or, if you prefer wishy-washy Rousseauian babble, to "society." Remedy for crime: prosecution by representative of the state (e.g., the county, the State or federal Attorney-General).

Tort - lawsuit - individual. Crime - prosecution - state.

This doesn't need law school to understand.

Rourke's analogy to adultery is nearly spot on here. By my theology, adultery is a third category (a wrong done to God). But most people, even most Christians, don't seem to get that notion. But insofar as adultery is a wrong against "humans", it is a wrong done to individuals -- the spouse of the adulterer, or even one of the adulterers. It is not a wrong against society. It may be a sin when someone lusts after a person known to be married (I have to admit I wish it wasn't, since this is a sin I continue to commit far too often), but sinfulness does not equate to criminal liability.

Or at least it shouldn't.

At most it should bring civil liability. Which, what do you know, it sometimes does. Depending on the state involved: a finding of adultery can lead to a different outcome in a divorce action. (another province of state law.)


And do not be conformed to this world, but be transformed by the renewing of your mind, that you may prove what is that good and acceptable and perfect will of God.
Romans 12:2 (NKJV)
Wade
  • Wade
  • Veteran Member
12 years ago

That logic in and of itself can be used to argue that nothing should be a crime.

Originally Posted by: Porforis 



No.

Rourke is simply saying that making something a crime is more than saying something is a "wrong".

In particular (see last rambling posts), it must be shown that it is a wrong against the state.

And if it is to be called a federal crime, it must be shown to be a wrong against the United States.




And do not be conformed to this world, but be transformed by the renewing of your mind, that you may prove what is that good and acceptable and perfect will of God.
Romans 12:2 (NKJV)
Wade
  • Wade
  • Veteran Member
12 years ago

Yes, except that if a sport has been legally ruled a full-contact sport, there is no liability or injuries sustained in the course of a game, at least not in Wisconsin. That is why cheerleading injury claims are dismissed in Wisconsin courts -- the sport was ruled a full-contact sport.

Originally Posted by: Nonstopdrivel 



Hey, I remember spending most of my high school years dreaming that cheerleading would be a full-contact sport.

[grin1]


And do not be conformed to this world, but be transformed by the renewing of your mind, that you may prove what is that good and acceptable and perfect will of God.
Romans 12:2 (NKJV)
nerdmann
12 years ago
If I take money to break someone's legs, I'm going to jail. Especially if I do so in furtherance of a conspiracy to promote illegal gambling.
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