Scope of implied consent.
Some actions exceed that scope. These are the really obvious ones -- Bertuzzi, McSorely, possibly the one in Sweden this week (I happen to think so). The vast majority do not.
The action has to be well beyond what is contemplated by the athletes in stepping onto the playing field. An unprovoked, two-handed chop to the legs during warmup fits many of what I would assume to be the criteria: (1) not during play (not even during the game); (2) not a play that really has anything to do with the competition (i.e. a body check has merit in terms of trying to win the game and is an "ordinary" play); (3) highly excessive compared to what would normally just be a penalty.
The Monahan hit doesn't fit (1) and (2), and arguably doesn't fit (3). It was dirty. Really dirty. But it's not even in the same universe as something that should be charged criminally.
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