Deadly Weapons - How the Law Views the Hands and Feet of an MAist

Carol

Carol

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The Houston law firm of Beirne, Maynard, and Parsons has been contacted by Black Belt magazine for a 2-part article on Martial Artists and the risk they face in an altercation. Attorney Scott Marrs is a BB in TKD, Attorney Andy McGill practices Muay Thai.

The first part will appear in the August 2007 issue of Black Belt magazine, you can also view it here.
 
Excellent article!

Two things of technical interest:

(i) the Fence tactic is not only a terrific SD maneuver but also helps your cause in court; and

(ii) preemptive strikes, endorsed by many pioneer karateka (including Gichin Funakoshi himself), are recognized as legally legitimate SD moves when the evidence is clear that an assault was imminent.
 
Carol Kaur said:
The Houston law firm of Beirne, Maynard, and Parsons has been contacted by Black Belt magazine for a 2-part article on Martial Artists and the risk they face in an altercation. Attorney Scott Marrs is a BB in TKD, Attorney Andy McGill practices Muay Thai.

The first part will appear in the August 2007 issue of Black Belt magazine, you can also view it here.
Click to expand...
Good find, Carol. Thanks.
 
Carol Kaur said:
The Houston law firm of Beirne, Maynard, and Parsons has been contacted by Black Belt magazine for a 2-part article on Martial Artists and the risk they face in an altercation. Attorney Scott Marrs is a BB in TKD, Attorney Andy McGill practices Muay Thai.

The first part will appear in the August 2007 issue of Black Belt magazine, you can also view it here.
Click to expand...


Excellent article Thanks for the heads up.
 
I kept thinking of Don Knotts (sorry) and his Mr. Chicken claim of :"...that's right, Karate...*sniff* made my whole body a weapon..."

It's a great article and does help debunk some myths about the law and the use of Martial Arts in a SD situation. As we continue in our respective journeys we must learn & accept more and more responsibility for our actions and the control of the skills we acquire, hone, refine.

One of the reasons why I like the "Oath of Peace" by S.R. Donaldson. :asian:
 
Hello, Our highest courts (Surpreme Justice sit 9 of them) why? even they cannot agree 100% of our written laws.

So when you go to court? What is fair or right? Will be determine by a Good lawyers who knows how to present a CASE! Of course the Juries/Judge too.

No two case will be the same and what determines reasonable force? Only your lawyer will be able to help you? A better Prosecuter will get you Jail time.
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Rule One in Martial arts: Avoidance, Retreat, leave,walk or run away if possible.

Talk you way out: with kind words.....read Tongue-FU and other books it like it.

Like the article said: Keep your hands up (palms facing out). Say out loud "I do not want this? or "I do not want to get into a fight with you!"
Look into the eyes of witness (this will help them be on your side)...and repeat...I do not want trouble. Please let me leave.
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The problem with reasonable force? Lots of times the attack/aggressor will get back up and continue the fight. If you use reasonable force?(how does one know when to stop hitting/striking?)

The people from gangs tells me this! If they are fighting a person, and that person can get back-up fighting ....that person may attack again and again, maybe with a stick/club or whatever they have or can find.....and most likely...end your life.

That person may say " I give-up" ....when you let him go....."What's going stop that person from striking/attacking you again?

Police have handcuffs.....we don't. Instincts tells you this guy is bad...I need to stop him. (How is reaonable force or what is reasonab le force?) to be use here?

Bottom line: Our laws works great for the bad guys......we must use our best judgements in fights...get a good lawyer...$$$$ .....and use the Monopoly -(GET OUT OF JAIL CARD) ....always carry mines...

Our laws written in such away....every case can end in a different ending, even the other States..may vary?

Hence the term: bury by 6 or be judge by 9 (almost like 9 to 5)
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America is the only nation...criminals has many laws to protect them....easy out's...and they can repeat as many times as they want to!

Rapist never ends there ways? .....it is a mental/sexual problem w/NO cures

child molestors? they NEVER are cure?

and others.....that are release OVER AND OVER AND OVER AGAIN.......

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The cost to keep a criminal in prison is now over $35,000 -per person.
To keep a child in school under $10,000 per year.

Late for paying your taxes? ....IRS is on your (S)from day one!

Criminals....court dates (takes years)

Off course the USA is still a better place to live.....or die? ....Aloha
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What are the benifits of keeping people (life in prison) that will never be release?

Jobs for governement employees - prison guards,food from vendors,construction jobs for new/bigger/larger housing/ etc..............
 
I'd rather have an ugly trial than a beautiful funeral...
 
Excellent article! Unfortunately the legal system(and much of the general public for that matter) has unrealistic expectations of martial artists, especially male martial artists. They seem to think that a 75kg(165lb) man should be able to subdue any attacker regardless of size and state of mind with a few slick moves and no injury to he assailant. Unfortunately this is not the case and in a court of law we are dealt with more harshly than a regular person. Women seem to have more of a right to defend themselves regardless of the outcome which is fair enough but I know some tough chicks who could snap some guys in half. Anyway I think run-jitsu and tonguefu are the best methods to start with and if it escalates well we just have to deal with the consequences. At the end of the day it only takes one punch and the guy to smack his head on the footpath(sidewalk) and you're being charged with manslaughter anyway and one doesn't need training to do that.

On a side note with regards to the last point there was a very high profile case here in Australia a couple of years ago. A high profile ex-cricketer was punched once in the head by a bouncer at a pub. He fell down, hit his head on the gutter and died later that night in hospital. The bouncer had a history as a talented boxer yet after all the evidence and even though it was all over the news the bouncer was acquitted on the grounds of self defense. The bouncer is now getting back in the ring and fighting as a pro.

Avoidance is the best but if you can't you aren't necessarily going to go down if your actions are proportionate.

Didn't Ed Parker say 'I'd rather be tried by 12 than carried by 6'

Cheers
Sam:asian:
 
Good article, but if i ever have to use HKE on anyone i will be running like hell afterwards not sticking around like the article suggests.
 
Nice find.

The trouble with most corts is not the law but the lawers that try to make someone who defends themslef look like the bad guy.
I once knew a martial artest who killed a person when the MA was jumped outside of a bar by 5 people with weapons. The MA felt his life was indanger ( there where knifes, steel pipes, and a gun involved) but the judge felt the MA acted with to much force. SO where do yo as a martial arts practictioner draw the line.
Laws are one thing but survival or the protection of your loved ones is another. Maybe we should all try to influence our state legislator into revising some of the laws so that those attacked have some rights
 
Phadrus00 said:
Carol,

Great article! Thanks for posting it!

Rob
Click to expand...


*rubs eyes*

Oh my gawd its....

Phadrus!!!!!

How the heck have you been, bro? You've been missed here - welcome back!
 
And here is Part Two of the series.

While the first article focused on legal issues on the street, this one focuses on legal issues inside the studio. It's another good read. :)
 
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Kind of a weird question

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