Ohio HS Player Disgusted with Officiating, Head Butts Official

[chapmaja]

This goes in the direction of my sports law class' current discussion. At one point does the actions of a participant within a sporting event go beyond the confines of the sporting event and warrant interaction from the court system.

It is my opinion, that this action should be considered as assault and criminally charged as such. This is way beyond the normal actions expected within the game of football. Yes, there is some contact in the sport, but headbutting an official is a clearly defined out of bounds for the sport, which is where I personally draw the line between the sport and criminal charges.

Now, saying I support criminal charges does not mean I support permanently harming the player's future. I would have no problem if the player was sentenced in such a manner that certain conditions being met would result in the removal of the charge from his public record.

[ajmc]

Originally Posted by chapmaja

Now, saying I support criminal charges does not mean I support permanently harming the player's future. I would have no problem if the player was sentenced in such a manner that certain conditions being met would result in the removal of the charge from his public record.

I was under the impression "Juvenile Records" are usually sealed, and are NOT carried forward into the adult world. However actions such as this SHOULD INCLUDE consequences designed to discourage repetition, and be directly related to the seriousness of the behavior.

[chapmaja]

Originally Posted by ajmc

I was under the impression "Juvenile Records" are usually sealed, and are NOT carried forward into the adult world. However actions such as this SHOULD INCLUDE consequences designed to discourage repetition, and be directly related to the seriousness of the behavior.

Several things to consider in this case. Different states have different definitions of what a juvenile is? The age of the actor is, or can be a determining factor. In Michigan, if he is 16 years old, it can be handled in either the juvenile or adult court system, based on the decision of the prosecutor and then motions and decisions by the attorneys and judge. If he is 17 or 18 years old, the charge would be heard in adult court.

Juvenile records are indeed almost always sealed records. It takes very special circumstances for those records to be used in an adult court setting. Adult criminal cases can be different based on the law.

A case like this, if it happened in Michigan, could result or not result in a permanent public record (although with the media coverage of criminal cases, it is still "public"). Michigan has a law known as the Holmes Youthful Trainee Act which allows an individual 17-23 years old to be charged and plea bargain a case in adult court, and be sentenced in adult court, but not left with a permanent public record (as it would appear on a background check). The law still allows the judge to sentence the individual as they would under normal circumstances, but the case is not put into the public record. If the guilty party completes the sentence as required, the case is dropped from most public records. (Some records, such as for use by people apply to law enforcement jobs are still kept in the record).

This law basically allows someone who does something stupid as a young adult to avoid having the case permanently scar their life. A good example of this is a high school football player headbutting an official at a game. Certainly legal consequences are required, but it should not be something that a 30 or 40 year old man, who has otherwise lived a clean life, should be hampered by.

[Texas Aggie]

Originally Posted by chapmaja

This goes in the direction of my sports law class' current discussion. At one point does the actions of a participant within a sporting event go beyond the confines of the sporting event and warrant interaction from the court system.

The answer to this could actually be pretty easy. Most states have criminal laws codified (i.e. written down in statutes) that specify what is and what isn't, along with what is a defense, etc. Courts have come along and interpreted specific cases to further define what specific actions may constitute (in this case) an assault or a defense to one. While the statute may not specify a game as a defense to an assault, one thing the courts might do is come along and say that since the official is not a player and is not so equipped, treating him as such a participant is not a valid defense under the law as it might be against another player. In other words, head butting another player MAY not be a criminal violation, but head butting an official, coach, etc. probably IS.

[JRutledge]

Charged with a felony

At least we know what has happened on the legal side.

Peace

[chapmaja]

Originally Posted by Texas Aggie

The answer to this could actually be pretty easy. Most states have criminal laws codified (i.e. written down in statutes) that specify what is and what isn't, along with what is a defense, etc. Courts have come along and interpreted specific cases to further define what specific actions may constitute (in this case) an assault or a defense to one. While the statute may not specify a game as a defense to an assault, one thing the courts might do is come along and say that since the official is not a player and is not so equipped, treating him as such a participant is not a valid defense under the law as it might be against another player. In other words, head butting another player MAY not be a criminal violation, but head butting an official, coach, etc. probably IS.

The general rule is that actions which are considered part of the game are not criminally charged for assault type charges. Fights in hockey meet this definition. Even fights in high school sports often result in no action from the criminal justice system unless there is a mitigating factor.

In this case, the head butt of an official is not a part of the game, therefore it would go above and beyond anything that could be considered "normal" to the game, and the criminal justice system would likely (and apparently has gotten involved).

Michigan had a case several years ago where several people involved in a fight at a high school football game did face charges. One of them was charged because he was an injured player, who did not participate in the game, but was involved in the fight. His involvement was swinging his crutch at an opposing players head, and making contact. Swinging a crutch at an opponents head is not a normal part of football, and is outside the normal expectation of the game.

The most famous incident of criminal charges in a sporting event I think was Marty McSorely's swing to the face of Donald Braschear. McSorely was charged with assault. Slashing a player in the head is way beyond what is reasonable within the sport's guidelines and traditions.