Skip Bayless blows

From the NBA rulebook: “A flagrant foul-penalty (1) is unnecessary contact committed by a player against an opponent.”

Such a vague rule. What comprises “unnecessary contact”?

The real question is one of player intent. D-Ho whistling an elbow into Dalembert’s head was intentional = flagrant.

Rondo, on the other hand, panicked while caught out of position, ran over and swiped at the ball, accidentally whacking Miller’s mouth. It was unintentional. Watch the replay again (start at the :40 mark). Rondo moves his hand toward the ball...and then it takes an unfortunate turn downward. The difference between his hit and Dwight Howard’s hit — in term of intent — is day and night.



The rule’s wording is just plain bad. So let’s ask instead: Why was it created? To stop players from intentionally abusing each other without repercussions. Basketball is a physical game. People get hurt. This rule is all about controlling behavior that has root in malicious intent. To git legal with it, this rule has its precedent in “mens rea.” Check this out, from Nolo.com (a legal reference website):

“MENS REA — The mental component of criminal liability. To be guilty of most crimes, a defendant must have committed the criminal act (the actus reus) in a certain mental state (the mens rea). The mens rea of robbery, for example, is the intent to permanently deprive the owner of his property.”

Whether or not there was blood on the floor has jack shit to do with it. Blow me, Skip Bayless. (See? That there was a flagrant insult.)