Home > culture, lifestyles > Does the Punishment Always Fit the Crime?

Does the Punishment Always Fit the Crime?

October 23rd, 2009

Today’s Zogby blog post comes courtesy of Cheryl Korn, a Writer/Analyst with Zogby International, and an avid hockey fan since she was old enough to follow and understand the game. Thanks Cheryl!

Patrick Kane, a forward with the Chicago Blackhawks of the National Hockey League (NHL), made history by scoring the first NHL goal in Finland. This is most likely a moment Kane will carry with him for the rest of his life. But what will he remember about pleading guilty to a noncriminal charge of disorderly conduct after being accused of assaulting a cab driver over a fare dispute this past summer?

Kane could have faced up to 15 days in jail and a $250 fine, but the judge in Kane’s case issued him a conditional discharge. This meant he would avoid facing jail time as long as he does not run into problems with the law for a year. Kane was also ordered to make a statement of apology to the cab driver.

Luckily for Kane, everything seems to be neatly swept under the rug. The NHL has not chosen to punish him for his actions off the ice this past summer. However, how well does this lack of punishment sit with hockey fans and the general public?

According to a recent Zogby Interactive survey, 65% of adults nationwide agree that regardless of Kane’s guilty plea, he should face some sort of disciplinary action from the NHL. Respondents age 65 and older (70%) and parents of children under the age of 17 (69%) are among the most likely to agree. Eighteen percent of those surveyed do not agree and believe Kane should not face any disciplinary action from the NHL.

Electronic Arts Sports’ (EA Sports) NHL 10 was released on September 15. This release featured Kane’s image, and the software company has not said anything about replacing Kane’s image on the cover because of the off-ice incident this past summer. Clearly, this lack of action does not sit well with some. Our survey shows that 42% believe EA Sports should change the cover of the game and remove Kane’s image. Respondents ages 50-64 (48%) and 65 and older (47%) and parents of children under the age of 17 (44%) are among the most likely to agree that the cover should be changed. Three in ten (31%) do not agree that Kane’s image should be removed, with First Globals™ (18-29 year olds) (44%) among the most likely to say that Kane’s image should remain on the cover.

What is your opinion about this? How does this situation compare to the incident a few years ago where former Vancouver Canuck Todd Bertuzzi issued former Colorado Av Steve Moore a check into the boards? The play would end Moore’s hockey playing career. As you may recall, the referee during the game did not call a penalty as the check was deemed legal. However, Bertuzzi was later suspended by the NHL due to the severity of Moore’s injuries. Clearly, Kane could have seriously injured the cab driver during the incident, so why is the NHL continuing to look the other way? Did the NHL “miss the call” by not issuing Kane a suspension or some type of disciplinary action for his conduct off the ice this past summer?

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  1. Jaime
    | #1

    I am new to watching hockey, and one of the things I have noticed is the gratuitous violence during the game. So your point is what??

  2. Ann
    | #2

    The point is the NHL is trying to take steps to eliminate the violence and fighting in the game through tougher penalty calls during the games and suspensions when it appears there is intent to injure. Many teams have also chosen to re-market themselves through the use of mascots or logos that appeals to children. What does the NHL looking the other way at Kane’s incident say to children? The NFL chose to suspend Marshawn Lynch of the Buffalo Bills a few games for his mishaps with the law. Why is Kane’s incident different? Was it a marketing scheme by the NHL to attract more fans to the game by allow Kane to play? I just don’t understand why Kane was allowed to walk away from this incident with just a slight slap on the wrist.

  3. Jaime
    | #3

    I have watched these games with a life long, rabid hockey nut, and the penalties seem to be 1.) not effective at stopping violence because 2.) as you say, they are a slap on the wrist. And I am talking about during the game. He maintains these sanctions are meant to be politically correct, and he, like others just expect it to be “rough”. He feels my standards of conduct would eviscerate the game. He never fails to mention the elderly women he observed in the stands, cussing out the player for not giving back as good as he got. The last time we talked about this was just recently, when a brawl popped up less than 2 minutes after the game started, and the main perpetrators had to sit out less the 5 minutes. Meanwhile, football players are penalized for being too happy they made a touchdown. So how can we seriously expect players to check their emotions off the field, when we secretly encourage them to behave otherwise.

  4. Ann
    | #4

    What happened to the good old days when the game was just the game? The players actually played. Fighting was very few and far between…? What has made us become a society so focused on violence? How many people would want their money back if they went to a hockey game that did not contain a fight? Is fighting necessary to hold a fan’s attention?

  5. Kevin
    | #5

    So, if an employee of Walmart assaults a cab driver over a fare dispute and is issued a conditional discharge by a court, should Walmart fine or fire that employee?

  6. Ann
    | #6

    Walmart employees are in a different category or class than professional athletes. Do you personally know of anyone that looks up or wants to be like a Walmart employee someday? Maybe one or two people are like that, out there somewhere. The point is, what does Kane barely getting punished in the courtroom and continuing to play without any disciplinary actions from the NHL say to the young children who may look up to Kane?

    Let me pose this question. If Kane was just an ordinary citizen off the street, would the courtroom outcome be any different? Do you think Kane got special treatment because of his status as a professional athlete?

  7. Kevin
    | #7

    @Ann No, the point is we’re all entitled to equal justice under the law. One’s profession shouldn’t have anything to do with what punishment for a particular crime is handed down. That kids look up to him is entirely irrelevant — in my opinion.

    To answer your question, I don’t believe the courtroom outcome would, or should, have been any different nor do I think he got special treatment.

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