Maybe the better question is, "Will being a black belt in a martial art be detrimental to a self-defense criminal trial action if I use it or participate in an altercation?"
Vague but good question. I can only say that it may or may not be detrimental to a person who intervenes for defending or self defense if attacked or intervenes to assist another under attack, etc. Rory Miller does remind MA's that most of what we practice is actually "illegal." I assume that because of the nature of karate practice, combative and not sport, that the techniques are kind of brutal in their applications [an understatement yes ... ].
I can only tell you what I think personally and that is if you defend yourself, you find your being prosecuted, and now trying to justify your actions in the manner most appropriate for a self defense defense strategy you might find the Jury thinking that because you are a "professional," as they perceive it from media propaganda, you might find that your MA will get you convicted.
Even in criminal court if you win what would it tell a jury that is deciding your civil suit?
These are questions I would be asking a lawyer who actually specializes in self defense law (force law), etc. because I suspect it is very complicated and convoluted. It is why some professionals like Mr. Miller and Mr. MacYoung will recommend you retain a good force law/self defense lawyer. Especially if you teach as a martial artist self defense.
After all, it also should be a part of your training syllabus, yes? It makes me wonder just how many "self-defense" training systems actually stop to consider this and it also makes me wonder how many assume that their liability insurance will take care of any suits [might be a false sense of security, might]? It also asks, how many are out there that don't know and don't even have insurance to mitigate this type of action?
p.s. I just received a couple of comments from both Rory Miller and Marc MacYoung on this topic. In a nutshell it does not matter for if you can "articulate" your stand in self-defense you will be addressing that aspect or view. "Articulation" seems the most important aspect in you defense and it should be a part of your training and practice, i.e. analyzing situations and coming up with the words and phrases that would "articulate" why you did what you did. Thanks to both Mr. Miller and Mr. MacYoung!
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It seems pretty worrying that much of what we are learning is illegal! Do you know what would constitute 'legal self-defence'?
ReplyDeleteHi, SueC: Yes, Rory covers it well in the book Facing Violence. It is complex and involves a great deal.
ReplyDeleteFor instance, your size, strength, age, and gender [gender part I added] effect the self-defense strategy.
I think I'm going to get this book, it sounds like it may provide some missing pieces to the self defence puzzle!
ReplyDelete