1. When, if ever, is it appropriate to criminally prosecute
for player conduct that occurs during competitive or recreational sporting
events? What other factors should be considered?

2. Will the possibility of criminal liability have the
detrimental effect of chilling vigorous participation and competition in
athletic activities? Hall illustrates the possibility of criminal liability for
engaging in dangerous conduct during recreational sports. In People v. Hall, 59
P.3d 298 (Colo. Ct. App. 2002), the court upheld a jury verdict finding
defendant guilty of criminally negligent homicide. After finding Marty McSorley
guilty of assaulting Donald Brashear with a weapon (a hockey stick), Judge
Kitchen provided the following explanation for the sentence he imposed: