Senior Project: The Legality of Self-Defense

[username8517]

One of the guys that trains with us is a retired cop with a little over twenty years experience. He always says that if you don't have witnesses proving it was self-defense then the three best things you can do are

1) when making a statement, tell the officer you were in fear for your life

2) if they press the issue ask for a lawyer

3) and shut up from that point on

[gamedweeb]

That sounds like simple and great advice.

I've also heard from people that you could specifically state that "I just wanted him(or her) to stop."

[bushido_man96]

One of the guys that trains with us is a retired cop with a little over twenty years experience. He always says that if you don't have witnesses proving it was self-defense then the three best things you can do are

1) when making a statement, tell the officer you were in fear for your life

2) if they press the issue ask for a lawyer

3) and shut up from that point on

These are some good pointers, I think. What someone must understand, however, is that even presenting themselves in this way, that they may still be charged with something, like Disorderly Conduct, most likely. Basically, when officers come up on a fight between two people, if the fight appears mutual to them, then both parties get arrested, and charged with Disorderly Conduct. Then, both have to post bond to leave jail, and each have a court date that they have to appear at. From that point on, they should hire an attorney to help make their case.

Now, a friend of mine at TKD had a scuffle with someone on his property one night. The guy swung at him, and my friend took him down and basically held him. Shortly thereafter, some cops showed up, and arrested the guy he was restraining. He was fortunate enough to be in a situation that allowed him to restrain the guy; this can't always happen. However, when the cops showed up, it was clear that he wasn't the aggressor, and he wasn't taking any shots at the downed attacker, either. So, the attacker got arrested, and my friend just made a statement for the cops.

[bushido_man96]

Very good point about being able to articulate what happened Bushido. There was another article I read on using the term "headlock" vs. "choke hold." If you tell an arriving officer that the assailant that he had you in a "headlock" and you beat the crap out of him to get away, chances are you'll end up in handcuffs. Whereas if you were to tell the officer that he put you into a "choke hold" then it implies impending loss of consciousness and possibly death.

I also like that "I was attempting to control the knife wielding hand of the attacker, and in the process of the struggle, he injured his hand."

It is all about articulation.

Dont talk until your lawyer gets there.

I see this scenario almost every night. What happens is the officer stops the questioning process, and then the person arrested is charged. He then has to bond out of jail that night.

[gamedweeb]

As a cop put it to me: "We can play the game too."

[bushido_man96]

As a cop put it to me: "We can play the game too."

Hehe, I think I know what you are saying here, but how did this come about, if you don't mind me asking?

[NewEnglands_KyoSa]

this is how its spelled out in our manual along with the blurb at the bottom. our master instructor is adamant about this, considering he, himself is the towns detective...hope this helps, and hope it pastes out right...

Threat Level Response

Threat Level One Defense Technique One --- Demonstrate Confidence

Threat Level Two --- Frighten you Defense Technique Two --- Demonstrate Superiority

Threat Level Three --- Cause you pain Defense Technique Three --- Subdue aggressor

Threat Level Four --- Cause you serious injury Defense Technique Four --- Cause aggressor severe pain

Threat Level Five --- Kill you Defense Technique Five --- Cause unconsciousness (cause death only in the most severe situations)

The basic purpose of any form of Self Defense is to perform a Direct Defense Technique that meets but does not exceed your opponent's Threat Level. Evaluating the threat level that is being presented by an aggressor is critical to your ability to create the proper response. If the aggressor’s Threat Level is to embarrass you, use a Defense Technique that demonstrates confidence. It is important not to apply a more forceful response than is necessary for the situation.

If your opponent should increase the Threat Level to the highest degree by trying to kill you, you may have to use a Defense Technique that is equal to or stronger than the aggressors to protect your life. Defense Techniques that cause severe pain or unconsciousness will subdue the aggressor and allow you the chance to escape.

Consider the seriousness of the damage you can render as a student of the martial arts. Never deliver more force than necessary. Excessive force or brutality on your part can result in serious emotional/legal/financial problems in your life. Consider this as you learn how to defend yourself.

[bushido_man96]

I believe that if a person is attempting to kill you, then you have to meet force with force. I believe that most Use of Force ladders advocate this as well.

[ShoriKid]

Self Defense lawws vary by state and are changing all the time. Some states have a mandintory retreat clause. Basically, you have to try to get away and be cornered before you have the right to use force to defend yourself.

When asked by an officer, always make it clear, without going over board and seeming scripted, that you felt threatened or that your were in physical danger. Mention that you were afraid or scared. Don't play tough. If you were afraid they were going to hurt someone with you, make sure they know that.

In the case where the instructor got in trouble for breaking the guys hand, he shouldn't have mentioned it when speaking. Don't say, "in order to disarm the knife, I had to break his hand". Or even, "in the process of disarming him, I broke his hand.", it can still sound like it was on purpose. Just focus on the knife and the danger it presented. That your focus was 100% there. "Sir/Ma'am, I was trying to defend myself. All I wanted to do was get the knife away from him and not get killed." That just sound a lot better to people listening on joury duty. Your just a guy, afraid of a very sharp, deadly knife. Your not a trained expert in self defense and unarmed combat. You want to be Jim Carey on the stand in their eyes. No Chuck Norris or Bruce Lee.

[CloudDragon]

I would try to get on the Lexis/Nexis database, it has a case law section that is incredible, and pretty easy to search. The next option would be to find a reference librarian, paralegal or lawyer who would be willing to help you search through a law library. It's not hard to learn, but something that you will need help to start.