Margarito getting a raw deal?

Discussion in 'World Boxing Forum' started by BigReg, Apr 6, 2010.


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  1. BigReg

    BigReg Broad Street Bully Full Member

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    What the hell do you mean? This is a legal issue, a case was presented in a court of law. The law has everything to do with it.
     
    BigReg, Apr 6, 2010
    BigReg, Apr 6, 2010
    #31
  2. Cobbler

    Cobbler Shoemaker To The Stars Full Member

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    Not sure how it works in the US. You were talking earlier about the local boxing governing body, not sure whether that is the same as a court. In the UK, such an issue would be dealt with the BBBOC who govern boxing, but they are not a legal jurisdiction.

    In any case, whether we are dealing with the rules of a sport or something with legislative force, the point is the same. Some offences are influenced by the intent of the offender (eg killing someone, as you said), others are strict liability. If what you said is correct, it seems that this offence is considered strict liability and the boxer considered to be responsible. In which case intent is irrelevant.
     
    Cobbler, Apr 6, 2010
    Cobbler, Apr 6, 2010
    #32
  3. Capitan

    Capitan Boxing Junkie Full Member

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    I'm curious where your source is for that statement about Martinez....
    Seeing how Cintron didn't even consider the kD legitimate!!!
     
    Capitan, Apr 6, 2010
    Capitan, Apr 6, 2010
    #33
  4. BigReg

    BigReg Broad Street Bully Full Member

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    This is not a strict liability case. Only minor offenses, drunk driving, and statutory **** usually fall under strict liability in the U.S. Strict liability doensn't apply to someone else's actions anyway. The court argued that because the trainer is under the umbrella of the fighter, that the fighter is responsible for his actions. However, the trainer is considered an independant contractor. The theory that the court used against Margo traidtionally only holds true with employees in relation to employers. In this case, the trainer is not considered an employee.
     
    BigReg, Apr 6, 2010
    BigReg, Apr 6, 2010
    #34
  5. PH|LLA

    PH|LLA VIP Member Full Member

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    everyone passed judgement on this thing way too fast.
     
    PH|LLA, Apr 6, 2010
    PH|LLA, Apr 6, 2010
    #35
  6. Cobbler

    Cobbler Shoemaker To The Stars Full Member

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    I'm just going by what you have stated. I have no idea what statutes are applicable or who has jurisdiction.

    If everything you have stated is correct, then it shouldn't be hard to get the decision overturned on appeal. Will that be happening soon?
     
    Cobbler, Apr 6, 2010
    Cobbler, Apr 6, 2010
    #36
  7. eze

    eze Everybody Know Me Full Member

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    The inspector who took the pads off and said the pads were hard. With a substance.
     
    eze, Apr 6, 2010
    eze, Apr 6, 2010
    #37
  8. BigReg

    BigReg Broad Street Bully Full Member

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    Not neccesarily. They already tried to appeal but appallete court basically said they didn't want to deal with it and stated that the CSAC has broad authority in its ruling.
     
    BigReg, Apr 6, 2010
    BigReg, Apr 6, 2010
    #38
  9. Cobbler

    Cobbler Shoemaker To The Stars Full Member

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    So either your courts are bent or Margarito's lawyer may not be presenting the whole unvarnished facts?
     
    Cobbler, Apr 6, 2010
    Cobbler, Apr 6, 2010
    #39
  10. McGrain

    McGrain Diamond Dog Staff Member

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    And...


     
    McGrain, Apr 6, 2010
    McGrain, Apr 6, 2010
    #40
  11. eze

    eze Everybody Know Me Full Member

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    Also, Margarito's manager claimed the pads were pre treated 2 weeks prior.
     
    eze, Apr 6, 2010
    eze, Apr 6, 2010
    #41
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