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Old 11-19-2009, 06:16 PM   #30 (permalink)
Paladuck
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Unless there is intent for the football player to kill, there would not be any homicide charges filed against him.

Not all states classify murder under 1st and 2nd degree murder, and the ones that do attach different meanings to the terms. Murder requires intent. First degree is traditionally intent with premeditation and deliberation (i.e., planning out someone's death), and second degree is intent without premeditation and deliberation. So without intent, murder is out the door.

The lowest form of homicide (in terms of severity under the law) is negligent homicide. In order to be found negligent, you have to be aware of a substantial and unjustifiable risk and act outside of what a reasonable person would in that situation. It can hardly be argued that a reasonable football player would not tackle someone. If they made the tackle in some kind of unusual or reckless way outside of normal football conduct, then there would be a case. But otherwise no.

You also can't sue someone for hurting you from a football tackle because courts have held that when you engage in a sport, you assume all the normal risks of that sport. In the case of the crazy soccer biatch, elbowing and pulling people by their hair is probably not a normal risk, so theoretically you could win a lawsuit if you wanted to sue.
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