Jason Shelley was convicted in the Superior Court, King County, of second-degree assault, arising out of an incident in which Shelley intentionally punched another basketball player during a game. Shelley appealed. The Court of Appeals affirmed the conviction.

Facts

On March 31, 1993, Jason Shelley and Mario Gonzalez played “pickup” basketball on opposing teams at the University of Washington Intramural Activities Building (the IMA). Pickup games are not refereed by an official; rather, the players take responsibility for calling their own fouls.....

1. According to the court, why can participants in a sporting event consent to conduct that would otherwise be a crime?

2. Why should they be allowed to consent to such conduct when in other situations (such as those enumerated in the Exploring Further cases that follow) they can’t consent?

3. Should individuals be allowed to knowingly and voluntarily consent to the commission of crimes against themselves? Why or why not?

4. Why was Shelley not allowed the defense of consent in this case?

5. Do you agree with the court’s decision? Relying on the relevant facts in the case, defend your answer.