What are the laws on using karate in self defense?

[Kamisama]

I heard that jujitsu can be used in self defense and if you harm the other person using it, you are not liable for their injuries as stated in American law.

 

Does anyone know more about this? Perhaps websites and links?

[fangshi]

Not sure what the laws are like in your country but in mine , as far as breaking the law there is no distinction between applying martial art techniques or just plain old street fighting . Assualt is assualt. Plain and simple .

[traz]

can I then claim that my JJ training taught me how to stab someone...and not be liable for it?

 

Where did you hear that? I'd be incredibly doubtful if I were you. Violence is violence, it doesn't become excusable just because you trained. In fact, some people argue that you should be even MORE punishable, because you should have known when to stop.

[pineapple]

I tell practitioners that they have the right to protect themselves, however they must cease as soon as there is no longer any threat to them.

 

The amount of force used cannot be excessive. The court's point of view will be if you were just defending yourself or was your main goal to really hurt this guy?

 

I am not a lawyer but this is what I was taught as a Correctional Officer.

[A. Orstrom]

I have heard once that if you reach a certain dan rank (or whatever your system uses) you will be liable as if you were armed at all times.

 

It sounds a bit like an urban legend, but is there any truth to it?

 

Edit: Haha, seems like I graduated with this post

[cathal]

Not in Canada anyway; self defence in our court system has to be proven and then you must show cause as to the extent of the injuries you have placed upon the other person. If it was too much then you can be charged; if it is justified then you should be fine. I've seen the judges bring in some senseis to get testimony as to the extent of the techniques used on the other person, when it was up in the air as to how much was too much.

[fangshi]

I have heard once that if you reach a certain dan rank (or whatever your system uses) you will be liable as if you were armed at all times.

Not in Canada anyways . Not sure about other countries.

[kchenault]

In the US, if the courts deem that excessive force was used in self-defense, you have beocme the attacker and are not the victim anymore. I have said on another board. If someone attacks you to intimidate or steal something or just plain being mean, they desrve to get their head handed to them.

[ShirKhan]

Years ago I was working part time driving a cab and was physically attacked by one of my fares as I brought him to his destination.

 

I exited the cab to evade his attack, he pursued me and I put him down hard. I called 911, gave the police my report, and my attacker went to the emergency room, and I went to JAIL.

 

I went to court, my attacker did not appear, although the story he eventually told the cops corroborated mine in full. According to the judge, since I put him in the hospital, I was physically in control of my attacker. Since I was in physical control, I should have been able to escape and get to a policeman. I was convicted of felonious assault and battery, even though my attacker confessed to assaulting ME.

 

According to this judge, the only way I could have been "innocent" is if I had let my attacker put ME in the hospital.

 

The law only sees criminals and victims, refuse to be a victim and you are a criminal, apparently. The judge didn't sentence me to further jail time, but I was fined $3K and had to pay for my attacker's medical bills, almost $11K total...! In addition to which, I previously worked as a respiratory therapist for over fifteen years, because I am a felon I lost my job and can never work as a medical professional (or a multitude of other jobs) EVER AGAIN. I basically ended up starting my own business in order to not become a welfare case!

 

Just to add frosting to the cake, my attacker had a past record of BURGLARY, ADW and DOMESTIC VIOLENCE...isn't our legal system wonderful?

 

I'm not saying don't defend yourself...just that if you manage to save yourself from murderers and psychopaths, remember you ALSO have to save yourself from the law...

 

Idiot that I was, I was the one who called the cops and told them all the details...I should have dropped my attacker in a dumpster and moved on!

[Shorinryu Sensei]

I tell practitioners that they have the right to protect themselves, however they must cease as soon as there is no longer any threat to them.

 

The amount of force used cannot be excessive. The court's point of view will be if you were just defending yourself or was your main goal to really hurt this guy?

 

I am not a lawyer but this is what I was taught as a Correctional Officer.

 

I agree with this. The law permits you to defend yourself using only that amount of force necessary to stop the aggressor from harming you or others. Where people run into the most trouble with this in court is when they stop or defeat the person, then decide to "teach him a lesson" and pound him after he has already been stopped or defeated. Then you end up liable because yo uwent to far. There are a lot of gray areas in these laws and each case will be different, each state and each court/judge will be different. I guess the main thing to keep in mind is yes, stop the aggressor, protect yourself (or others)...then stop yourself.