1. #1
    King Sleepless's Avatar
    Join Date
    Jul 2005
    Location
    Cuba
    Posts
    10,058
    --
    Hell yeah! Hell no!

    Excessive force?

    Here's a question for you legal types or those of you who have been jailed because of it. What is excessive force and how far can you go before someone calls it excessive force and you find yourself being bedmates with bubba?

  2. #2
    Neildo's Avatar
    Join Date
    Mar 2005
    Location
    Vancouver BC
    Posts
    6,045
    --
    Hell yeah! Hell no!
    In Kanuckistan, an elbow to the face could be considered excessive.

    BJJ wins again.

    edit: If i remember correctly; C.C.C section 26.

    (C.C.C. = criminal code of canuckistan)

    edit2: i can't spell.
    Last edited by Neildo; 5/05/2006 4:57pm at .
    :new_all_c

  3. #3
    It's pretty beat up, but it is a complete copy.... supporting member
    Dr._Tzun_Tzu's Avatar
    Join Date
    Mar 2005
    Location
    California
    Posts
    2,528
    --
    Hell yeah! Hell no!
    One general concept of excessive force is to continue to assult after the confrontation is obvoiusly over and you could get away safely. If you knock someone down, then kick them, thats overdoing it. Youcan't just smack someone first for being in your space or spilling their drink on you.

    In the same light, staying to fight when you could get away, attacking someone that is trying to get away, or escalating the confrontation with objects are also seen as excessive force.

    So to defend yourself in court, be sure to not admit to these things. Wording is important. You can hold your ground and talk **** back, and trick them to starting the fight. You do not have to wait to be hit, only to wait for them to start to hit you. You can land yours first. Its always good to have witnesses to back you up...

    When I had to rescue my neighbor from a home invasion, the police wanted to arrest me for coming over and getting involved. They felt I should have called them and then waited 15 minutes while this drug addict pounded my friends skull in. I wasn't gonna let it go that far.

    I tried to wrestle the guy out the door, and then had to punch him through it off the porch into the yard. The cop was not liking my story until I said,"and then he started choking me" The guys hand had barely glanced past by neck, which I called a "choke". I said I was "afraid for my life" and had to then punch him. Talking with some law types later I found out If I had just punched the guy it would have been assult and I was lucky I knew how to word my story.(which I learned from an FBI agent (ret.) in a seminar). I wasn't really afraid for my life but I had good reason to be so I said I was, as in I realized it was dangerous. Its all in how you word it.

    anyway, If you are not afraid for your life (and property in some states) you can not use force at all, thus once the fear factor is gone, you gotta stop hitting them.
    As to elbow vs. Punch,....I think it depends more on the situation and how you report the incident in the police report and less on what martial art move you used. If no one witnessed it, don't give details like that, Just say you fought him off, not I hit him, or I elbowed him in the face....

    "If anything is gained from this, it should be you both wanting to get better so you can make up for how crappy you are now." KidSpatula about the Sirc vs DTT Gong Sau Event
    Until the Bulltube is fixed:
    DTT vs Sirc


  4. #4
    JonK's Avatar
    Join Date
    Apr 2006
    Location
    Arlington, VA
    Posts
    133
    --
    Hell yeah! Hell no!
    Depends on the jurisdiction and the situation.

  5. #5
    TCDD's Avatar
    Join Date
    Apr 2003
    Posts
    313
    --
    Hell yeah! Hell no!
    obviously you didnt hear this from a police officer...

    but if you win why bother calling the cops?

  6. #6
    BJJ might make you a better ground fighter, but Judo will make you a better dancer. Join us... or die

    Join Date
    Dec 2005
    Location
    W. Yorks, UK
    Posts
    5,009
    --
    Hell yeah! Hell no!
    Even if you don't call the cops there's always CCTV (lots of the town centres in the U.K. are pretty well covered for e.g.) or neutral witnesses.

    The police tend to investigate assaults that result in serious injury, and the 'self defence' argument becomes moot if you're caught on camera jumping on the guy's head.

  7. #7
    Equipoise's Avatar
    Join Date
    Jul 2004
    Location
    In the nightmares of bodybuilders.
    Posts
    3,433
    --
    Hell yeah! Hell no!
    Excessive force is any force that goes above and beyond the recieving force for those in civillian positions. Officers can exceed recieved force to one level above depending on the situation.

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Log in

Log in
Single Sign On provided by vBSSO