I'd say so, yes. In law, it's called a crime of passion. Heat of the moment, things happen, and even in a court of law, the person is recognized to at least in part not be fully in control.
So on the event that McCarty does break that guy's neck- does he just deserve the 5 minutes for fighting?
not the same at all and it's pretty bad that you can't see how...
In this case, McCarty's was in the heat of the moment RIGHT after he cheap shotted Yzerman - Bert's was months later after Moore took out Naslund's knee and he tried to fight him, then when Moore skated away, he had time to premeditate his attack and sucker punched him from behind - ALSO, there was a drastic size difference in the Bert/Moore incident... so the driving force is much worse...
FURTHERMORE - The Lemieux-McCarty incident is VERY different too, because he told Lemieux right to his face in the face off he was going to fight him...
Hockey is a game of respect and honor - McCarty's actions, although slightly thuggish and violent, followed this code of honor - Bert's did not.
I think Bert served his time and doesn't deserve anymore BS because of it, but this is still not the same...
So McCarty is off the hook because it wasn't premeditated; that is, he was in the heat of the moment right after the incident happened. But then how do you justify the Lemieux attack? Wasn't there about a year time-span between Lemieux nailing Draper and McCarty getting redemption? And if he's forgiven for that attack because he told him it was coming, shouldn't Bertuzzi be forgiven because Moore also knew that Bert wanted to go after him?
Edited by Echolalia, 17 December 2009 - 02:24 PM.