if they are both in the NHL and they fight..
would that be mens / actus rea at all?
The answer is yes, but nobody in the league is stupid enough to pursue it (aside from maybe Steve Moore)
J$mooth – there is no such waiver involving fights. Physical assault is considered illegal in all 50 states when it comes to hockey. There have been several incidents in the past 93 years where players have had other players charged with assault.
First – on June 18, 2004, Steve Moore charged Todd Bertuzzi with 7 counts of assault. The Civil suit about not playing again didn’t get launched until after he lost the assualt case.
ya know i always wondered that but i bet it says somewhere in their contract that if they get into a fight they cant file a civil suit
because yes they had the thought of pounding in the guys face and acted on it so both mens and actus rea present itself
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The answer is yes, but nobody in the league is stupid enough to pursue it (aside from maybe Steve Moore)
J$mooth – there is no such waiver involving fights. Physical assault is considered illegal in all 50 states when it comes to hockey. There have been several incidents in the past 93 years where players have had other players charged with assault.
First – on June 18, 2004, Steve Moore charged Todd Bertuzzi with 7 counts of assault. The Civil suit about not playing again didn’t get launched until after he lost the assualt case.
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I believe there was one time when 4 Flyers were charged after a brawl in the 70s. I don’t know what they were charged for though…probably assault.
But yeah mens and actus rea are both present but maybe since it is regulated by the NHL…they don’t get charged.
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No I don’t think they can. Steve Moore didn’t get in a fight he got sucker punch and his head slammed on the ice. He sued because he can never play hockey again
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no, because they sign wavers before they join the NHL and make agreements not to do that unless in extraordinary circumstances…and a hockey fight is nothing extraordinary, it happens nearly every game.
However, they do charge people in the junior leagues
Mens Rea and Actus Rea isn’t a charge or a crime, it is elements that determine the severity of one…. it sounds like you picked it up when you saw it somewhere before you figured out what it means
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I suppose of one guy beats the other guy down on the ice and won’t let up. That crosses the line from mutual combat to assault. I have a cousin who served four years in prison because he got into a bar fight. A man kept making rude remarks about my cousin’s wife. My cousin asked the guy to step outside so they could settle it man to man.
What started as a mutually agreed to fight ended badly. My cousin beat the guy down. When the other guy was down, on the ground and defenseless, my cousin poured it on and crippled this guy for life.
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