[quote]tGunslinger wrote:
Since you are a lawyer and I just play one on TV, I will defer to you here.
But I didn’t mean things like chop blocks when I said “cheap shots”. I was talking more about stuff like eye gouging in dog piles, blatently late hits, attempting to take out another player’s knees, things of that sort.
These actions, unlike chop blocks and the like, are potentially injurous and serve no purpose in the game except to intimidate the opponent. They do occur fairly often and are not often prosecuted (whether or not the courts would rule in favor of the defendants is another matter). Haynesworth’s’ stomp seems to be closely related to these types of actions.
I would be interested in the case search to see if there’s strong precendent in either direction… but not for $300/hr! (Unless you are the world’s most efficient attorney!
)
For the record, I honestly do not agree with what I originally wrote either. If I were Gurode, you bet your ass I would be filing charges against Haynesworth.
Again, the main purpose of my post was to illustrate that there is, IMO, an argument against the criminality of these actions. I don’t agree with it, but I still think it exists.
However, if someone actually did the case search and found that the only reason these aren’t prosecuted is because the victims don’t press charges, then the argument, again IMO, just took a serious blow.[/quote]
You bring up an interesting point with the eye-gouging, late hits, etc. I think those situations would be a case-by-case review. What needs to be emphasized here is this particular kind of claim is VERY fact specific. The late hit might not rise to the level of a criminal/civil claim, but the eye gouging could.
I think in a lot of situations (and there will never be a way to do statistics on this kind of thing), the players get their own brand of justice on the field for someone playing dirty.
However, in Gurode’s situation, he was put out of the game, so it’s not like that was even an option anyway. I think if players feel like they can get back at them in the game, then they would be a lot less likely to press charges.
Either way, due to the macho nature of pro football, I think it’s pretty unlikely for Gurode to bring a case anyway (unless he suffers some kind of long-term damage that affects his ability to play football and earn a living).
I’m glad the NFLPA is deciding not to appeal. When I heard Gene Upshaw was considering it, I just about threw up in my mouth. At that point, they are basically saying that salaries are more important than the safety of their union members.