[unschoolingbasics] defense, was parenting question
Katy Jennings
"AND you're a black belt, so you probably have infinitely more patience
with redneck Joe than say, a mother bear would have. More patience,
similar wallop. <bwg> "
I am sure that the black belt being referred to knows this, but for others benefit I wanted to mention something. If you are trained in martial arts, your hands are considered deadly weapons. Even if you are defending yourself, it may not be considered justifiable legally. Once you are a black belt, you usually have been trained to take someone down nonviolently, but you still have to be careful. A person who has been trained in martial arts who hits someone with their hand has just hit them with a deadly weapon. Was that justifiable when some guy was just trying to steal your purse or something? Most courts say no, unless you have had specific training in nonviolent defense.
It is kind of like the guy who was robbing a store, fell through a skylight, sued the store, and won.
I know it seems stupid, but in most places that is the law. My son is fairly close to being able to test for his black belt, and we have talked about the fact that if he gets into a fist fight, it will not be looked at the same as a kid with no training.
Katy J.
[Non-text portions of this message have been removed]
with redneck Joe than say, a mother bear would have. More patience,
similar wallop. <bwg> "
I am sure that the black belt being referred to knows this, but for others benefit I wanted to mention something. If you are trained in martial arts, your hands are considered deadly weapons. Even if you are defending yourself, it may not be considered justifiable legally. Once you are a black belt, you usually have been trained to take someone down nonviolently, but you still have to be careful. A person who has been trained in martial arts who hits someone with their hand has just hit them with a deadly weapon. Was that justifiable when some guy was just trying to steal your purse or something? Most courts say no, unless you have had specific training in nonviolent defense.
It is kind of like the guy who was robbing a store, fell through a skylight, sued the store, and won.
I know it seems stupid, but in most places that is the law. My son is fairly close to being able to test for his black belt, and we have talked about the fact that if he gets into a fist fight, it will not be looked at the same as a kid with no training.
Katy J.
[Non-text portions of this message have been removed]
Joyce Fetteroll
On Aug 20, 2005, at 6:05 PM, Katy Jennings wrote:
1079374617.shtml)
There are articles here:
http://www.fightingarts.com/reading/article.php?id=460
http://tafkac.org/faq2k/legal_2007.html
Depending on the state boxing training or other martial art might be
taken into account if you assault someone but not if you're defending
yourself.
Joyce
[Non-text portions of this message have been removed]
> If you are trained in martial arts, your hands are consideredThat's a myth. (Unless you're in Guam ;-) http://volokh.com/posts/
> deadly weapons.
1079374617.shtml)
There are articles here:
http://www.fightingarts.com/reading/article.php?id=460
http://tafkac.org/faq2k/legal_2007.html
Depending on the state boxing training or other martial art might be
taken into account if you assault someone but not if you're defending
yourself.
Joyce
[Non-text portions of this message have been removed]
[email protected]
<<if he gets into a fist fight, it will not be looked at the same as a kid with no training>>
If a black belt is in a fist fight, it is because he has already goofed up a few times (let someone get too close, not paying attention, etc.) or he decided the consequences were worth the risk. Yes, martial arts training can result in you being trained to use your body as a deadly weapon....however, as long as you match force to the force used against you, you should be pretty safe legally. That being said, people lose court cases on all kinds of nutty stuff.
Julie S.
[Non-text portions of this message have been removed]
If a black belt is in a fist fight, it is because he has already goofed up a few times (let someone get too close, not paying attention, etc.) or he decided the consequences were worth the risk. Yes, martial arts training can result in you being trained to use your body as a deadly weapon....however, as long as you match force to the force used against you, you should be pretty safe legally. That being said, people lose court cases on all kinds of nutty stuff.
Julie S.
[Non-text portions of this message have been removed]
Katy Jennings
I don't know, I know someone who went to jail for defending himself in a fight because he was trained in martial arts. He was attacked from behind and just reacted, turned around and hit the person pretty good. The court said that the reaction was not justified, didn't match the attack. I also heard it at a TaeKwonDo seminar recently, maybe it is just my state...
Katy J.
Katy J.
----- Original Message -----
From: Joyce Fetteroll<mailto:fetteroll@...>
To: [email protected]<mailto:[email protected]>
Sent: Saturday, August 20, 2005 6:37 PM
Subject: Re: [unschoolingbasics] defense, was parenting question
On Aug 20, 2005, at 6:05 PM, Katy Jennings wrote:
> If you are trained in martial arts, your hands are considered
> deadly weapons.
That's a myth. (Unless you're in Guam ;-) http://volokh.com/posts/<http://volokh.com/posts/>
1079374617.shtml)
There are articles here:
http://www.fightingarts.com/reading/article.php?id=460<http://www.fightingarts.com/reading/article.php?id=460>
http://tafkac.org/faq2k/legal_2007.html<http://tafkac.org/faq2k/legal_2007.html>
Depending on the state boxing training or other martial art might be
taken into account if you assault someone but not if you're defending
yourself.
Joyce
[Non-text portions of this message have been removed]
------------------------------------------------------------------------------
YAHOO! GROUPS LINKS
a.. Visit your group "unschoolingbasics<http://groups.yahoo.com/group/unschoolingbasics>" on the web.
b.. To unsubscribe from this group, send an email to:
[email protected]<mailto:[email protected]?subject=Unsubscribe>
c.. Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service<http://docs.yahoo.com/info/terms/>.
------------------------------------------------------------------------------
[Non-text portions of this message have been removed]
Katy Jennings
Just to clarify, I never said that anyone had to "register their hands" as deadly weapons, which is what the linked articles are about.
In my state a trained dog can be considered a deadly weapon too, I am sure that it does vary from state to state.
Katy J.
[Non-text portions of this message have been removed]
In my state a trained dog can be considered a deadly weapon too, I am sure that it does vary from state to state.
Katy J.
[Non-text portions of this message have been removed]
[email protected]
<<the reaction wasn't justified, didn't match the attack>>>
That is true in any situation not just with the martial arts.
If someone about my size attacks me with their fists and I shoot them dead....I can be in trouble for unjustified force.
If someone much bigger than me attacks me with their fists and I shoot them dead....I might be considered justified due to the person being bigger than me.
Basically, the rule is "don't take a knife to a gunfight" when talking about self-defense and "don't take a gun to a knife fight" when talking about legal defense.
Julie S.
[Non-text portions of this message have been removed]
That is true in any situation not just with the martial arts.
If someone about my size attacks me with their fists and I shoot them dead....I can be in trouble for unjustified force.
If someone much bigger than me attacks me with their fists and I shoot them dead....I might be considered justified due to the person being bigger than me.
Basically, the rule is "don't take a knife to a gunfight" when talking about self-defense and "don't take a gun to a knife fight" when talking about legal defense.
Julie S.
[Non-text portions of this message have been removed]