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NCJRS Abstract

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NCJ Number: 39760 Find in a Library
Title: CONSENT IN CRIMINAL LAW - VIOLENCE IN SPORTS
Journal: MICHIGAN LAW REVIEW  Volume:75  Issue:1  Dated:(NOVEMBER 1976)  Pages:148-179
Author(s): ANON
Corporate Author: Michigan Law Review Assoc
United States of America
Date Published: 1976
Page Count: 32
Sponsoring Agency: Michigan Law Review Assoc
Ann Arbor, MI 48109
Format: Article
Language: English
Country: United States of America
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
Index Term(s): Assault and battery; Prosecution; Sociology; Theory; Victims of Crime; Waiver of rights
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=39760

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