Martial Arts and the Law!

[bushido_man96]

Joe, I like your rewording. Very well thought.

Bob, I think you are on the right track, but you won't necessarily be arrested. You will likely be questioned, for sure, and perhaps be taken to the police station for such questioning, but depending on how things shake out, you wouldn't necessarily end up arrested. You probably know that, but you kind of went worst-case scenario in your post, so thought I would shed a bit more light there.

In the Nov. 09 Black Belt, there is an article titled "Forgotten Realities of Reality-Based Training." In it, the author makes a reference to the need of RBSD instructors (and I think it should fall to all instructors in general) to know the letter of the law for the area and population that they are teaching, and discuss it in classes, and make sure to work into the skill set that they use.

He mentions a case in 2003 in which a man involved in an altercation with 2 men with violent histories. Using what he thought was reasonable force, he stabbed one of the assailants with a pocket knife, and was charged for the death of the man. According to the article, the altercation was "alcohol fueled," and the man was unable to justify his use of force. He was eventually found guilty of voluntary manslaughter, and served 2 years in prison.

So, it isn't always as clear cut as it may seem.

[sensei8]

Another twisted question from yours truly.

When does the right of self-defense turn into committing moral turpitude?

[JusticeZero]

I generally rule of thumb "If you can run away without abandoning people to danger, then you are no longer defending - you are attacking."

[bushido_man96]

I'd say that is just about right, JZ.

[RichardZ]

I have to agree with JZ. And if you are defending from within the home, I guess there was no running away.

In short, everything has to be delt with on the basis of common sense and less over-reaction.

If we can deal with somene attacking use, per the situation and circumstance not to maim them, we cannot apply the same common sense and reasoning to not shoot them dead.

The line has to be drawn what is reasonable and excessive.

[crazylegs]

I'm glad I live in Florida. We are no longer required to flee. We are legally justified in almost any circumstance as long as there is someone acting agrressively towards us.

I think this how the law should be. I feel that I should have the right to stand my ground. I mean, really, if someone threatens you or pushes you or commits any hostile act, why should anyone care if he gets his butt kicked? Any why should anyone be punished for kicking it? Why give the aggressor rights?

I believe in personal accountability and if some bully gets his butt handed to him he's getting what he deserves imo.

[joesteph]

I'm glad I live in Florida. We are no longer required to flee.

So a "duty to retreat" had been in effect, and is now repealed.

We are legally justified in almost any circumstance as long as there is someone acting agrressively towards us. . . .

I think you mean legally justified to use force. I imagine the law is clearer that the force has to have some proportion to the threat at hand, but that stands to reason.

I mean, really, if someone threatens you or pushes you or commits any hostile act, why should anyone care if he gets his butt kicked? . . .

I follow you about the threatening, pushing, and "any hostile act," Crazylegs, but the part that I italicized, I believe, doesn't properly conclude what you may be wanting to say. Why shouldn't you be able to defend yourself? may be a better conclusion to the three instances you offer.

Why give the aggressor rights?

When this argument is brought up, I've found that it's too emotional to be useful. We live in a nation of laws, and those laws are to protect all in our society; even the aggressor/accused has rights by law. However, we have laws that permit the aggressor to be punished in direct proportion to the crime (in this case aggression) committed. That can mean jail time.

I believe in personal accountability . . .

Agreed.

[Davisonsensei]

OK, im going to add my two cents. First, i was a police officer for almost ten yrs between three departments. I also teach police defensive tactics for the state of Illinois and had been contracted by the federal marshals office as a deputy transport agent. In all ive been through, i dont care if i go to jail for whatever as long as i live by three things= i fight for my family, my friends and my country.period. If u get into a fight and get arrested, u tell the officer that u pled the fifth, and u want your attorny present before questioning. U might get arrested or might not. What matters is u put an end to the confrontation. Now if u beat a person within a inch of his life, u got problems and all u can do is stand in front of that judge and except ur punishment. Law sucks but itwill not stop me from protecting myself or others. Thats my take on it.

[JiuJitsuNation]

OK, im going to add my two cents. First, i was a police officer for almost ten yrs between three departments. I also teach police defensive tactics for the state of Illinois and had been contracted by the federal marshals office as a deputy transport agent. In all ive been through, i dont care if i go to jail for whatever as long as i live by three things= i fight for my family, my friends and my country.period. If u get into a fight and get arrested, u tell the officer that u pled the fifth, and u want your attorny present before questioning. U might get arrested or might not. What matters is u put an end to the confrontation. Now if u beat a person within a inch of his life, u got problems and all u can do is stand in front of that judge and except ur punishment. Law sucks but itwill not stop me from protecting myself or others. Thats my take on it.

YES SIR!!!!!