When to Use Excessive Force

OP
Yoshiyahu

Yoshiyahu

Master Black Belt
Joined
Jul 1, 2008
Messages
1,351
Reaction score
14
Location
St.Louis Missouri
This is kinda off topic but shows how the law works in reverse sometimes....Have you heard some women who molest young boys around 14 to 15 years old can be served child support papers and forced to pay if they get a 30 to 40 year old pregnate when she committed statutory raped with them. Also the same law applies if the boys are forced violently as well. They are still responsible to pay the woman child support even when the pervert gets out of the prison the boys still have to pay their rapist!!!!


I want to post this because it's good story. When I was in highschool 10 years ago. My buddies dad told us a story that happened about 5 years previously before I graduated so it would have been about 15 years or so ago. Relates to the shooting a guy in your house that was brought up in one of the earlier posts.

This guy went to the local bar I think he said somewhere's up north here in Arizona. So it would have been like flag, or pinetop or somewheres up in that area. Anyways this guy goes to his local bar, and gets into a tussel, with more than a few guys there. It's some number like 10 or 15 guys, and they just beat the snot out of him. Put him in the hospital. So he gets out of the hospital and he kills about three of them in his house. So the cops show up, and it's an open and shut case, 3 guys dead in this dudes house. Arizona it's legal to shoot someone trespassing in your house. A few weeks later they show up at the guys house again with a couple more guys dead. Come to find out he was going to the bar throwing rocks through there car windows and luring them back to his house, where they ran inside and got shot to death. This guy is still sitting in prison. That is excessive. Flat out murder. But the point being it's not always alright to just shoot the guy. Although if your going to, kill him, so he can't sue you.

ANother guy a thief broke into this guys house, and got shot in the leg. It did permanent damage. THe thief turned around and sued the guy for everything he owned because he can no longer practice his chosen trade in life, and get this.......HE WON! :erg: Now how messed up is that?????? Oh and I never heard of him doing any jail time either. ????????
 

qwksilver61

Black Belt
Joined
Sep 15, 2007
Messages
502
Reaction score
6
Location
central Florida
Here in Florida, there is no longer a duty to retreat,you can stand your ground and use whatever means to defend yourself.You still end up having to
justify your actions.
 

qwksilver61

Black Belt
Joined
Sep 15, 2007
Messages
502
Reaction score
6
Location
central Florida
Alright help me out here,I believe there is a similar post out there.Any Law people out there? I don't feel like being long winded!Help!
 

seasoned

MT Senior Moderator
Staff member
Lifetime Supporting Member
Joined
Apr 19, 2007
Messages
11,253
Reaction score
1,232
Location
Lives in Texas
NYS Penal Law

2. A person may not use deadly physical force upon another person under circumstances specified in subdivision one unless:
(a) He reasonably believes that such other person is using or about to use deadly physical force. Even in such case, however, the actor may not use deadly physical force if he knows that he can with complete safety as to himself and others avoid the necessity of so doing by retreating; except that he is under no duty to retreat if he is:
(i) in his dwelling and not the initial aggressor; or
(ii) a police officer or peace officer or a person assisting a police officer or a peace officer at the latter`s direction, acting pursuant to
section 35.30; or
(b) He reasonably believes that such other person is committing or attempting to commit a kidnapping, forcible rape, forcible sodomy or
robbery; or
(c) He reasonably believes that such other person is committing or attempting to commit a burglary, and the circumstances are such that the use of deadly physical force is authorized by subdivision three of section 35.20.
 

GBlues

Purple Belt
Joined
Jul 26, 2008
Messages
314
Reaction score
22
Location
All over the U.S.
This is kinda off topic but shows how the law works in reverse sometimes....Have you heard some women who molest young boys around 14 to 15 years old can be served child support papers and forced to pay if they get a 30 to 40 year old pregnate when she committed statutory raped with them. Also the same law applies if the boys are forced violently as well. They are still responsible to pay the woman child support even when the pervert gets out of the prison the boys still have to pay their rapist!!!!

Well, that ain't right is it? I did not know that. Wow, you learn something new everyday.
 
OP
Yoshiyahu

Yoshiyahu

Master Black Belt
Joined
Jul 1, 2008
Messages
1,351
Reaction score
14
Location
St.Louis Missouri
Yea, GBlues I came across that its was crazy...i was like what...then i did some research an found out there are several articles that this happen alls the time. The women perverts usually serve less time than male pedophiles because the government feels men are more in control that a woman is. Even if that man was a child at the time. So the woman may do three to five years an when she gets out she will have her payments for 18 years!
 

Hagakure

Blue Belt
Joined
Jan 22, 2009
Messages
294
Reaction score
12
Location
Eye of Terror, UK
What an interesting thread.

What happens, if your intention is to incapacitate an attacker, so, for example you strike them to the head in a clean hit, knocking them off their feet. They hit there head on the way down, and die? How does one prove intent purely to injure in the name of self defence? You could potentially have only hit them once, yet this type of scenario happens.

There was a case of some English football violence a few years ago, when a guy was punched once, at random, fell down on the street, hit his head and died. It was likely that it was meant to be a simple punch, but the end result was excessive. How do you prove intent? You can't, can you?

I think I'd do enough to put someone down (were my skills/luck to permit it), then vanish as best I could. Geoff Thompson often argues that it's people sticking around afterwards to talk to the Police who end up getting into trouble. If you've genuinely done just enough to take the other guy out of the fight dependent upon the circumstances, and stopped the moment you've needed to, why hang about?
 
OP
Yoshiyahu

Yoshiyahu

Master Black Belt
Joined
Jul 1, 2008
Messages
1,351
Reaction score
14
Location
St.Louis Missouri
I totally agree...you should leave once the fight is done if your able to walk or run away!


Yes once the attacker falls you are clear to run unless they have a projecticle weapon in hand.


What an interesting thread.

What happens, if your intention is to incapacitate an attacker, so, for example you strike them to the head in a clean hit, knocking them off their feet. They hit there head on the way down, and die? How does one prove intent purely to injure in the name of self defence? You could potentially have only hit them once, yet this type of scenario happens.

There was a case of some English football violence a few years ago, when a guy was punched once, at random, fell down on the street, hit his head and died. It was likely that it was meant to be a simple punch, but the end result was excessive. How do you prove intent? You can't, can you?

I think I'd do enough to put someone down (were my skills/luck to permit it), then vanish as best I could. Geoff Thompson often argues that it's people sticking around afterwards to talk to the Police who end up getting into trouble. If you've genuinely done just enough to take the other guy out of the fight dependent upon the circumstances, and stopped the moment you've needed to, why hang about?
 
OP
Yoshiyahu

Yoshiyahu

Master Black Belt
Joined
Jul 1, 2008
Messages
1,351
Reaction score
14
Location
St.Louis Missouri
Well thats very imformative...when you fight combat against an attacker who may be trying to hurt or kill you...would it be feasible to use chin na to cripple your attacker so when you get up you can leave them...


To me breaking a leg or knocking someone out is the best option if you want to run or fighting multiple attackers...you want to be proficent in delivering knock out strikes at will or be able to break limbs instantly. This will ensure your survival alot of times. If you can break one leg an move to the next for another clean break really quick between each attacker then eventually you have a window to run away.




Or you could just break they necks. But why do that when you can temporairly put them out of commission where you can escape with out them giving chase?


Chi na doesn't have to be used to break someones wrist you could just restrain them using it
 

Latest Discussions

Top