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Insanity Defense in NFL Future?

NEW YORK CITY -- NFL commissioner Roger Goodell and players' union head Gene Upshaw met with nearly a dozen current and former players Tuesday to discuss a proposal for the NFL competition committee to allow players to appeal referee penalties based upon defenses of extreme emotional distress or diminished capacity.

"It's time that the NFL's legal system caught up with the American Justice system," said Upshaw. "We shouldn't have to hang up our civil rights when we walk out onto the playing field."

Under the proposed NFLPA plan, each team would have a player representative on the sidelines armed with a blue colored flag that could be tossed on the field to appeal the assessment of a penalty based upon the player's state of mind at the time of the infraction.

The insanity defense is based on evaluations by forensic professionals that the defendant was incapable of distinguishing between right and wrong at the time the offense was committed. In addition, some jurisdictions require that the evaluation address the issue of whether the defendant was able to control his behavior at the time of the offense. A defendant making the insanity argument might be said to be pleading "not guilty by reason of insanity."

"With the rise of penalty calls for unsportsmanlike conduct, especially for taunting and excessive celebration, there should be a mechanism to review the player's behavior in light of mitigating factors," said Upshaw. "Some of the guys just get carried away."

Currently, the NFL allows head coaches to appeal a referee's decision with the toss of a red flag.

Although the NFL has not commented on the proposal, the plan has garnered wide-spread support from players, agents and lawyers.

Upshaw played guard for the Oakland Raiders for sixteen seasons.





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