Contact Us
Sign In / Sign Up for FREE
Go to advanced search...
Nobody downloaded yet

The Criminal Law Has No Role to Play in the Regulation of Sports Field Violence - Term Paper Example

Comments (0) Cite this document
The author of the "The Criminal Law Has No Role to Play in the Regulation of Sports Field Violence" paper states that the issue is one of finding the right balance, and is governed more so by public policy than anything else as seen in the decision of the courts…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.2% of users find it useful
The Criminal Law Has No Role to Play in the Regulation of Sports Field Violence
Read TextPreview

Extract of sample "The Criminal Law Has No Role to Play in the Regulation of Sports Field Violence"

Download file to see previous pages The argument surrounds the concept of consent, whereby a victim sportsman in a contact sport (such as football, basketball, wrestling, etc) has impliedly consented to the possibility of actual bodily harm either by his conduct of participation in the game (implied consent) or through an express provision in the contract (express consent). Thus, this mutual consent should go towards removing any additional pressure on the playing field upon those participating so that they can play to their truest potential without worrying about incurring additional criminal liability outside of the game. However, what of the victim who injures himself seriously and has to face time out of the field. 

Consent is the governing factor in contact sports since it is accepted to be a defense to assault and battery as prescribed by s. 47, 20, 18, and 20 of the Offenses Against the Persons Act 1861, which limits the involvement of criminal law in the game of choice. In R v Brown (Anthony Joseph) (1994)1 Lord Templeman and Lord Jauncey defined consent as a defense more than an element of the offense (in the latter case, the prosecution must show its absence in order to satisfy guilt). This view was also supported by the Law Commission2. It is accepted that consent in sport is part of informed consent, where the victim is aware of the nature of the sport that he is to be a part of, and accepts that there may be a risk of bodily harm. The requirement of knowledge can be explained by the case of Konzani (2005)3, which although ruled on facts unrelated to sports, but of sexual conduct, explains what knowledge a victim must possess before his consent is valid. In that case, it was accepted by the courts that consent to the exact nature of the harm (such as the risk of contracting a sexually transmitted disease) must be there before the defendant can use it as a defense. In order to satisfy the courts of effective consent, it must also be valid in law to consent to such an act, and sports are generally included in that list since they uphold the society’s inclination towards physical fitness4, and therefore fall under the realm of public policy. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(The Criminal Law Has No Role to Play in the Regulation of Sports Field Term Paper, n.d.)
The Criminal Law Has No Role to Play in the Regulation of Sports Field Term Paper.
(The Criminal Law Has No Role to Play in the Regulation of Sports Field Term Paper)
The Criminal Law Has No Role to Play in the Regulation of Sports Field Term Paper.
“The Criminal Law Has No Role to Play in the Regulation of Sports Field Term Paper”.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The Criminal Law Has No Role to Play in the Regulation of Sports Field Violence

Sports Law

accreditation for laboratory tests (and laboratories themselves) carried out in foreign
lands, and that the IAAF should execute measures to see that this is reflected in all EU
sports governing bodies. As stated in Rule 55.11 of the IAAF, the procedure of
determining whether an athlete is culpable with regards to an illegal substance use does
not really matter unless it is "such as to cast real doubt on the reliability of such a
finding." (IAAF cited by Parliament 1999)
Yet the IAAF compensates for this by stating in paragraph eight (8.2) of the procedural
guidelines that the test of Sample B, following that of Sample A, should be done in the
presence of the athlete and/or a representative. Also para...
4 Pages(1000 words)Essay

Role Play

...Role Play Swarnambika S Academia Research Role play has long been recognized by teachers and trainers as a powerful techniquefor skills and attitude development in the face-to-face environment (Carroll, 1995, pp.22-30; McGill & Beaty, 1995, pp.197-200; Gredler, 1994, pp.62-65; Turner, 1992; Eitington, 1989, pp.157-159; Craig, 1987, p.99; Ladousse, 1987, pp.110-112; Shaw, Corsini, Blake, & Mouton, 1980, p.251). As the use of online discussion tools within university courses continues to grow, the idea of combining the powerful learning possibilities of role play with the potential of the online environment is receiving attention. The concept of asynchronous, anonymous role simulation as a learning activity is of great interest to academics...
8 Pages(2000 words)Essay

Criminal Justice Field

... Criminal Justice Field Charlene Marie Whitehead v. Record No. 080775 Case Charlene Whitehead and Jamil A. Walden were arrested on December 22, 2005. This took place when police officers from Danville city stormed their apartment with warrants to arrest them. The officers had also received information that properties stolen from a number of motor vehicles were being kept in their apartment. Upon entry, the officers discovered various items which included computer equipment, mobile phones, many bags which contained miscellaneous, personal property in a closet and compact discs. Whitehead gave the police a signed statement five days after her arrest in which she clearly described the thefts committed by her husband (Walden). According...
6 Pages(1500 words)Case Study

Role Play

... Role Play Divorce is one of the stressors in an individual life that may culminate into a number of things. Such things may range from mild depression to suicidal ideation. As defined by Barton, that a collective stress mainly occurs when many members of a social system fail to receive their expected life condition, divorce comes in as one of the major players in bringing collective pressure. It is because the divorced couples start to experience a new life without the help of a partner; the major hurdles that come with it include raising of children, paying rent, provision of food, just to mention a few. All these activities that the couples used to share, therefore, are shouldered on one person. Among the above, child up kip is the most...
2 Pages(500 words)Assignment

Domestic violence, Criminal justice

...Domestic violence, Criminal justice Domestic violence, Criminal justice Media Hatch, K. July 20). High profile domestic violence cases bring change in views. Retrieved September 28, 2014, from The author talks of how high profile domestic violence cases have dominated headlines of the newspapers. The attention given to these cases is shown to lead to change of thought and action in handling the challenges. The spate of such cases is also shown to be a weakness in the legal system that handles domestic violence. as a result, the bill has been proposed that are meant to make legal system capable. On the other hand, the increased attention of the cases by major newspapers...
4 Pages(1000 words)Research Paper

Role play

... (Jeffrey, 2010). This will envelop new grounds for the development of firmly rooted trust and openness and enhance the quality of productivity in the company. Experiences In the introduction, I did list some my experiences as a leader and some of these experiences did offer an excellent opportunity in developing my current level of success as well as stimulate the passion towards future success. Definition of leadership that I believe the CEO am role playing would support In the speech that I delivered at Stanford Graduate School of Business in 2010, I defined leadership as the primary job duty of a leader in any company. The definition was described as follows: The leader of any company has the major job of driving development and change...
9 Pages(2250 words)Essay

Role play

...Healthcare Reengineering Healthcare Reengineering Reengineering of healthcare services is proving to be a vital methodology in addressing the quality issues in health care. Reengineering entails an overhaul of the existing process, systems and consolidating overlapping systems so as to maximize the benefits of both nurses and the patients (Ellerbe & Regen, 2012). The primary objective of reengineering is to increase the quality of healthcare at the lowest cost. Nurse leaders play a vital role in system re-engineering since they are among the decision makers in a health institution. Nurse leaders are closer to the nurses and patients. As such, they have a closer look of things or a firsthand perspective of operations and services...
1 Pages(250 words)Essay

Victims Role and Rights in Criminal Law

... A Contemporary Criminal Justice Issue: Victims’ Role and Rights in Criminal Law A Discussion Paper Introduction Criminal punishment, in the point of view of the American society, is basically a communicative endeavor. It seeks not only to communicate criticism, the fairly abstract reproving message that “You have done wrong” (Duff & Marshall, 2004, 39), but to disseminate and to convince the criminal to accept a concrete understanding of his offense as a specific form of public ‘wrong’— ‘a wrong, that is, against its individual victim (when there is one), but also, through the victim, against the political community whose criminal law he has violated and to which both he and the victim belong’ (Bacigal, 2008, 206). This communicative...
10 Pages(2500 words)Research Paper

Violence in Sports - On and Off the Field of Play

... with regards to whether sport encourages violence among its spectators or whether sports-related violence is due to the composition of the crowd (Carroll, 1980; Case and Boucher, 1981; Coakley, 1981; Dunning, 2005; Coakley, 2009). This paper will examine violence in sports: both on and off the field of play. Many of the principle features of sport are that it should be an entertainment game through which there is no hostility but a friendly environment based on the notion of fair play (Dunning, 2005). In spite of this, it has been argued that violence is an inherent feature of modern sports (Dunning, 2005; Coakley, 2009). Dunning (2005) further argues that “all sports are inherently competitive and concerned with dividing people” (p.904...
14 Pages(3500 words)Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Term Paper on topic The Criminal Law Has No Role to Play in the Regulation of Sports Field Violence for FREE!

Contact Us