Senior Project: The Legality of Self-Defense

Kieran-Lilith · Brown Belt

Wow, thanks for all the helpful information. I'm starting to find some useful stuff, and the law does vary from state to state. Someone mentioned the duty to retreat laws, and then there's the stand your ground laws, and it's actually kind of interesting once you get past the legal jargon that's sometimes confusing.

Once I get it done (if I think it's decent) I'll submit it to Patrick and maybe he'll post it on the articles.
_________________
He who gains a victory over other men is strong; but he who gains a victory over himself is all powerful Lao-tsu

NewEnglands_KyoSa · Pre-Black Belt

Sasori_Te · Black Belt

I try to keep all of my students updated at least on the local laws concering self-defense and concealed carry. Really, any aspect that I can think of that the training I provide may fall into. At the end of the day however, I tell them that in an actual self-defense situation it's better to be tried by twelve than carried by six.
_________________
A block is a strike is a lock is a throw.

Throwdown0850 · Brown Belt

tallgeese · Black Belt

Most states work under a resonableness clause.

In other words, were your actions reasonable to another person, with similar training and experiances given the situation. Most even give you the benifit of the doubt and only the count the facts as you know them at the time of the incident.

So, a dude with a realistic bb gun breaks into your home and points his pea shooter at you. It looks real to you, you fire your own weapon, which is of the .45 variety and kill him. Only later do you learn that he was pointing a bb gun at you. Your standard of reasonableness can only be considered from your point of view at the time. In otherwords, a real-looking gun pointed in your direction.

So what' s reasonable in a MA self-defense scenario? If a guy threatens you at knife point and wants your wallet and you give it to him and he subsequently leaves, then it's not reasonable to run after him and beat him to a pulp with your collapsable baton from Asian World. However, let's say he goes to stab you and you then beat him to the same pulp, now it's a reasonable action. You were in fear for your life.

It's important to note that you'll need to deesclate as well. Just because you start h itting the knife weilder from above with you baton, doesn't mean that you can continue when he fall to the ground, drops the knife and starts holding his bleeding head. To continue strinking him now is clearly unreasonable and now you're looking at charges.

On the subject of charges, keep in mind that a couple of post from ealier are lumping criminal and civil liability together.

Monatary damages for lost wages, hospital bills, ect. are civil in nature. Criminal charges would include any thing like assult, battery, disorderly, ect. It's very possible to be cleared criminally and still face a civil judgment (which sounds like might have been the case with the individual who broke an attackers hand taking the knife away).

	KarateForums.com Forum Index -> General Martial Arts Discussion	All times are GMT - 6 Hours Goto page Previous 1, 2, 3
Page 3 of 3