NCJ Number
39760
Journal
Michigan Law Review Volume: 75 Issue: 1 Dated: (NOVEMBER 1976) Pages: 148-179
Date Published
1976
Length
32 pages
Annotation
THIS NOTE FOCUSES ON ONE OF THE ISSUES INVOLVED IN CRIMINAL PROSECUTIONS FOR VIOLENCE IN SPORTS - THE EXISTENCE AND EFFECT OF THE CONSENT OF THE INJURED PARTY.
Abstract
THE VARIOUS GENERAL THEORIES RELATING TO THE NATURE OF ACTUAL CONSENT ARE ANALYZED. THE AUTHOR SUGGESTS THAT THE CURRENT EMPHASIS ON ASCERTAINING THE VICTIM'S SUBJECTIVE STATE OF MIND IS, IN SOME CONTEXTS, ILL-CONCEIVED AND ARGUES THAT THE SOCIETAL INTERESTS INVOLVED IN HUMAN INTERACTIONS SHOULD BECOME A MAJOR FOCUS OF THE ANALYSIS. THE EFFECT OF SUCH CONSENT ON THE LIABILITY OF A PERSON CHARGED WITH CRIMINAL ASSAULT IS EXPLORED, BOTH IN GENERAL AND IN CONNECTION WITH CONDUCT IN A SPORTS CONTEST. IT IS CONCLUDED THAT ANALYSIS OF EFFECTIVENESS MUST ALSO EXPRESSLY CONSIDER SOCIETAL INTEREST BOTH IN ALLOWING SPORTS TO FLOURISH AND IN LIMITING VIOLENCE. (AUTHOR ABSTRACT MODIFIED)...EB