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:
