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.
“Winning is not a sometime thing, it is an all the time thing. You don't do things right once in a while…you do them right all the time.”
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.
“Winning is not a sometime thing, it is an all the time thing. You don't do things right once in a while…you do them right all the time.”
Fan Shout
wpr (3m) : Watching bares fans melt down over how putrid their team is, so enjoyable. It's the gift that keeps on giving.
Mucky Tundra (7h) : The Seattle Seahawks defeat the Chicago Bears 6-3. Jason Myers had 6 RBIs for Seattle while Cairo Santos had 3 RBI for Chicago
beast (8h) : Not nessarily, he might of been injured either way. He's playing about 50% of the games the last 4 years
Zero2Cool (14h) : If they'd been more patient with him, he'd be back already. Putting him out there vs Bears caused him to tweak it and here we are.
packerfanoutwest (14h) : well this is his last season with the PAck, book it
beast (15h) : Sounds like no Alexander (again), I'm wondering if his time with the Packers is done
Zero2Cool (22h) : Could ban beast and I still don't think anyone catches him.
Mucky Tundra (26-Dec) : Houston getting dog walked by Baltimore
packerfanoutwest (25-Dec) : Feliz Navidad!
Zero2Cool (25-Dec) : Merry Christmas!
beast (25-Dec) : Merry Christmas 🎄🎁
beast (24-Dec) : Sounds like no serious injuries from the Saints game and Jacobs and Watson should play in the Vikings game
packerfanoutwest (24-Dec) : both games Watson missed, Packers won
Martha Careful (24-Dec) : I hope all of you have a Merry Christmas!
Mucky Tundra (24-Dec) : Oh I know about Jacobs, I just couldn't pass up an opportunity to mimic Zero lol
buckeyepackfan (24-Dec) : Jacobs was just sat down, Watson re-injured that knee that kept him out 1 game earlier
buckeyepackfan (24-Dec) : I needed .14 that's. .14 points for the whole 4th quarter to win and go to the SB. Lol
Mucky Tundra (24-Dec) : Jacobs gonna be OK???
Zero2Cool (24-Dec) : Watson gonna be OK???
packerfanoutwest (24-Dec) : Inactives tonight for the Pack: Alexander- knee Bullard - ankle Williams - quad Walker -ankle Monk Heath
packerfanoutwest (24-Dec) : No Jaire, but hopefully the front 7 destroys the line of scrimmage & forces Rattler into a few passes to McKinney.
packerfanoutwest (24-Dec) : minny could be #1 seed and the Lions #5 seed
Zero2Cool (23-Dec) : We'd have same Division and Conference records. Strength of schedule we edge them
Zero2Cool (23-Dec) : I just checked. What tie breaker?
bboystyle (23-Dec) : yes its possible but unlikely. If we do get the 5th, we face the NFCS winner
Zero2Cool (23-Dec) : Ahh, ok.
bboystyle (23-Dec) : yes due to tie breaker
Zero2Cool (23-Dec) : I mean, unlikely, yes, but mathematically, 5th is possible by what I'm reading.
Zero2Cool (23-Dec) : If Vikings lose out, Packers win out, Packers get 5th, right?
bboystyle (23-Dec) : Minny isnt going to lose out so 5th seed is out of the equation. We are playing for the 6th or 7th seed which makes no difference
Mucky Tundra (23-Dec) : beast, the ad revenue goes to the broadcast company but they gotta pay to air the game on their channel/network
beast (23-Dec) : If we win tonight the game is still relative in terms of 5th, 6th or 7th seed... win and it's 5th or 6th, lose and it's 6th or 7th
beast (23-Dec) : Mucky, I thought the ad revenue went to the broadcasting companies or the NFL, at least not directly
Zero2Cool (23-Dec) : I think the revenue share is moot, isn't it? That's the CBA an Salary Cap handling that.
bboystyle (23-Dec) : i mean game becomes irrelevant if we win tonight. Just a game where we are trying to play spoilers to Vikings chance at the #1 seed
Mucky Tundra (23-Dec) : beast, I would guess ad revenue from more eyes watching tv
Zero2Cool (23-Dec) : I would think it would hurt the home team because people would have to cancel last minute maybe? i dunno
beast (23-Dec) : I agree that it's BS for fans planning on going to the game. But how does it bring in more money? I'm guessing indirectly?
packerfanoutwest (23-Dec) : bs on flexing the game....they do it for the $$league$$, not the hometown fans
Zero2Cool (23-Dec) : I see what you did there Mucky
Zero2Cool (23-Dec) : dammit. 3:25pm
Zero2Cool (23-Dec) : Packers Vikings flexed to 3:35pm
Mucky Tundra (23-Dec) : Upon receiving the news about Luke Musgrave, I immediately fell to the ground
Mucky Tundra (23-Dec) : Yeah baby!
Zero2Cool (23-Dec) : LUKE MUSGRAVE PLAYING TONIGHT~!~~~~WOWHOAAOHAOAA yah
Zero2Cool (23-Dec) : I wanna kill new QB's ... blitz the crap out of them.
beast (23-Dec) : Barry seemed to get too conservative against new QBs, Hafley doesn't have that issue
Zero2Cool (23-Dec) : However, we seem to struggle vs new QB's
Zero2Cool (23-Dec) : Should be moot point, cuz Packers should win tonight.
packerfanoutwest (23-Dec) : ok I stand corrected
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