Page Number
1
Abstract
The government has long involved itself in the world of sports. The Sports Bribery Act, and similar state laws, prohibit the bribery of any athlete, coach, official, or other participant with the intent of manipulating the outcome of a sporting event. Importantly, these laws require prosecutors to convince a jury beyond a shadow of a doubt that an athlete acted with intent, with the specific knowledge or purpose, to influence the outcome of a sporting event. This paper will argue that while acts of sports manipulation are certainly morally blameworthy acts, they are not acts that should be regulated by the criminal law. The language of the Act presents a nearly impossible evidentiary burden. Additionally, the criminalization of sports bribery is not justified under any of the predominant justifications of the criminal system. Finally, none of the practical concerns surrounding the effects of decriminalizing sports bribery justify its government regulation, as the leagues and institutions are better positioned to regulate, prevent, and correct misconduct of this nature.
Recommended Citation
Johnson, Lynn
(2024)
"The Power of Self-Regulation: Justifying the Decriminalization of Sports Manipulation & the Sports Bribery Act,"
Denver Sports & Entertainment Law Journal: Vol. 29:
Iss.
1, Article 4.
Available at:
https://digitalcommons.du.edu/selj/vol29/iss1/4