Posted On:6/10/2014 1:23pm
Style: Pekiti Tirsia Kali
Good question. To give the short answer, yes, I can see that happening. This is one of the reasons I am careful where I train. Pekiti Tirisa has some groups which fall into the behaviors you describe, but they also have many police officers, etc. who train with them. To me, that is a good sign and can help if something ever comes to court. For the same reason that I try to carry ammo that I know is widely used by local police officers, it seems to me that belonging to a group where many LEO's train can serve as a buffer from those kind of legal attacks.
Good idea for a topic.
Posted On:7/12/2014 10:48pm
So, I've been preoccupied with "the martial arts community of facebook" group lately. Pretty interesting to see some of the crap mainstream martial artists believe. n interesting topic came up about the effectiveness of nunckucks. One guy mentioned that he carried them for self defense. I added that this was a stupid idea and that the last thing you want cops or attorneys to know when you go to court is that you have martial arts training.
Do you guys think this makes sense? LEOs? Is it reasonable to assume martial arts training won't be brought up in a court case? I guess what I'm getting at is how much digging an opposing attorney will do, I suppose there are a lot of variables to account for.
One thing i've questioned before is the EDC knife one carries. Should you need to use your blade in a self defense situation I'm of the line of thought that the blade you carry can get you into trouble. If I get jumped by thugs and stab a guy, would it make a difference (in a courtroom) if I used say a buck knife folder available at most sporting goods stores or a $300 tactical karambit ordered from a specialty supplier?
A friend in the legal field sent me this case : http://digitalcommons.tourolaw.edu/c...text=lawreview
Also a link to a Dog Bros forum discussing the case:
Both links make a special note of the "serrated martial arts knife" used to stab a club bouncer. The guy who committed the stabbing was probably a low level martial artist but in the court room he was referred to as a martial arts expert trained in the "warrior art of Escrima."
The badass warrior image of FMA definately gets students in the door, and it's somewhat cool but the last thing anyone wants is to end up in a case like the whole Zimmerman thing. What an individual considers self defense may be entirely different that what a jury of level headed peers in a comfortable courtroom consider self defense.
I've done FMA drills where you throw or take down an opponent than draw your blade and stab or cut. If there are multiple opponents this may be an appropriate strategy but if you take down a guy and cut or stab him after the take down there's a likelyhood you've just committed murder regardless of what he did to initiate the situation. I guess we as weapons practitioners need to be mindfull of the legal consequences of actually using are weapons.
Sure survival is important but we just need to make sure we aren't switching one terrible fate for another in prison. Input guys? Can you share any similar experiences?
Fear is the only darkness.
Posted On:7/12/2014 11:16pm
I think staying out of court entirely is your best option, by making sure you can show you tried to control the situation, instead of smash/rip/slice people apart (which is how it will probably look without eyewitnesses). Fighting is usually a misdemeanor, deadly weapons are a completely different story.
Once your in court, I think techniques that submit are just safer (legally) than techniques meant to destroy limbs, draw blood, etc. And if you use a blade and the other guy doesn't (or they can't find his weapon?)...
Last edited by W. Rabbit; 7/12/2014 11:19pm at .
Posted On:7/12/2014 11:43pm
The principle I was taught was that it was lawful to use only sufficient force to resolve a confrontation. If walking away is the best choice of action, you had best take it.
The other thing is that "witnesses" don't always tell the truth. It is very much a possibility you might win a physical confrontation, but willful misrepresentation in testimony could make you a victim twice by manipulating the legal system against you.
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