Post By Pete Smith
One of the first requirements for Black Belt is to be able to explain the legal implications of self-defense. I hope that will I never have to use my skills in self-defense. I try to be smart about people, places and things, and I avoid the types of situations that would put me in danger. But even in our routine suburban lives, we may not know when or from what direction a threat may arise! I travel for business so I am not always in familiar surroundings. If I am attacked or drawn into a fight, will I have time to stop and ponder these questions about the law? Probably not, so that is why it is good to review this very important topic.
Have you ever been in a fight or witnessed a fight take place? Maybe back in high school, out by the flag pole? Or at a Bills game, after they lose? On a downtown street or outside a bar? Did you have to use your martial arts skills? Were kicks used or were the police involved? When the fighting stops, the law will get involved and the battle moves into the courtroom, where different rules apply. When is self-defense appropriate? How much force is too much? When should we back down? When does self-defense cross the line and become an attack? Is a karate student viewed differently by the courts? Of course, if you are ever pulled into court, there is no substitute for good legal counsel.
To further muddy the waters, criminal law and self-defense varies from state to state. For example, a deadly weapon is a gun or other instrument, substance, or device, which is used or intended to be used in a way that is likely to cause death. Under New York State Penal Law, a person is guilty of criminal possession of a weapon in the fourth degree when he or she possesses any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sand club, wrist-brace type slingshot or slungshot, shirken or "Kung Fu star”. One example I have of a deadly weapon is a piece of thick, braided copper electrical cable that I was given by contractor on a job site. He told me that his philosophy was “it is better to be judged by twelve than carried by six”.
There are many aspects of criminal law that are available for future discussion: the definition of criminal liability; lethal and non-lethal use of force; civil liability; assault and battery; the use of deadly weapons; the doctrine of self-defense including the Castle Doctrine; and examples of case law involving martial arts. Until then, remember that is always better to avoid a situation whenever possible: if there is a safe avenue of retreat, use it (regardless of jurisdiction).
Photo by Simon Howden
