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12-18-2013, 01:07 PM
  #90
CanadianFlyer88
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Quote:
Originally Posted by DrinkFightFlyers View Post
To begin with, hockey is played in a vacuum completely separated from the real world. The rules of our world do not apply in the hockey world. I can get into a whole legal debate with you about the way intent plays into civil and criminal laws if you like, but there is an entire field of law dedicated to "intentional torts" (like battery, assault, false imprisonment, etc) which have different rules than unintentional torts like negligence. Guess what the difference is? In order to be liable for intentional torts, you have to intend to commit the tort. Now, there are different standards for what "intent" means throughout, but again, that is a different discussion.

There are also crimes that involve intent as well that have similar differences in rules that do not involve crimes of intent.

EDIT: Also, in hockey you don't have to "prove" anything. Shanahan makes a call and if you don't like it, you appeal if you are able. In other words, it is nothing like the real world outside of hockey.
I noticed a small error on my part. Obviously you can be punished for intent-only. In the example of, say, attempted murder. However, the punishment is more severe if you succeed in your attempt, which is what I was driving at.

Re: your edit. How is appealing unlike the real world? In many cases if the judge hands down a sentence, you can appeal. Hockey isn't exactly like the real world, but the Department of Player Safety is structured similarly to a real world process.

Quote:
Absolutely, and I'm sure the driver had to pay a good amount of money to your sister for her injuries. That is how the legal system works. That is not how the NHL works. Tom Wilson is not liable to Brayden Schenn for any injuries. He is not redressing an injury. He is being punished for an injury that could have just as easily not happened (and seems like didn't happen). Why should the punishment be different?
I'm not talking about any money my sister-in-law received. I'm talking about the suspended license that the driver received as a result of the seriousness of the incident. If my sister-in-law walks away unscathed, the driver probably doesn't lose his license for a period of time.

Quote:
Schenn looks fine...now is this a one game suspension instead of five?
I suspect that if you watch Shanahan's explanation post-result, he will note the severity of Schenn's injury as a determining factor in the length of suspension/fine amount, yes.

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