Martial Arts & The Law .. A little bit about it ..

[Webber 0]

Along with the many benefits gained from learning the martial arts, it is primarily a form of self defence, so how does the law look upon martial artists and their training?The most important thing that you must remember (and this is my own personal opinion, it is not the legal way of dealing with a situation) is to end it as soon as possible. Personally, I follow the principle, you attack me, I use everything I can to bring your down as quickly as I can. To me, it's a simple principle, and a proportion of my training. If someone tries to harm me, why should I consider their safety when fighting back? My way of looking at it is, and always will be to concentrate on finishing the fight there and then. At that procise moment, I would not consider the legal implications, because to me, getting out of that fight alive and well is paramount, and it comes before everything else. However, the law does not look at it in the same way.The legal system is constantly changing, and in today's world of politics and 'do gooders' it seems that the victims are very often treated worse than the criminals. UK Law at present (22/11/06) states that a person is entitled to use neccessary force when attacked. Now I know alot of you out there right now are thinking - well, what defines neccessary force? Basically, this sketchy line of advise means that you should attack to the level of the attacker himself, so for instance, if somebody throws a punch at you, you are entitled to throw one back. However, it does not mean that if somebody throws a punch at you that you may stab them.Basically, you have to apply neccessary force with control and a clear mind. Some believe that if someone attacks you, you should be entitled to cause as much damage as you can to the attacker, in protection of yourself, but this is not legal. In theory, if someone draws a knife on you, and tries to stab you, you are entitled to stab them back. However, with the British Legal system in the mess that it has been in, and still is, I doubt that this would play back in your favour. From the moment the first attack is thrown, you must think as if you are on trial. Do not do anything you wouldn't want to tell a judge. Do not move the attacker if he falls to the ground. Do all you can to save them if they suffer serious damage. Call an ambulance and the police and wait with the attacker (providing it is safe to do so) and this, in court should hold up. Just remember that it has to be in self defence. If you throw the first punch, then your the attacker, and they will throw the book at you. Be honest when talking to the police after the incident. Mainly, do not limit how you respond, just keep it within the same category, so if they try and punch you, use unarmed combat to fight back, if they try and stab you, use hand held weapons back and so on and so forth. Personally, if someone tried to stab me, I'd feel more competent using my hands to disarm them, but it is your own decision, and so long as it is within the legal confines of the law, you should be ok. Just remember not to pick up their weapon, or get your prints everywere. Do what you can to help the attacker, and call and ambulance. If you walk off, your in trouble - big trouble, and you may even be liable for manslaughter. However, having said this, we all know the type of culture around today, and very few attackers respond on their own, it's usually the hooded groups. If this is the case, do what you have to do, and escape. Then, once you are at a safe location, ring the police and explain your situation. So long as it is justified, you should not be at fault, however, as far as I am concerned, in today's legal system, the only ones not at fault are the criminals!Remember, your safety is paramount, but learn to respect the law, so when it happens for real, it comes naturally to you. I hope that you understand that when someone falls, you should stop. Only attack until they are no longer a threat. Namely, do not start thrashing them on the floor out of anger or pride, do what has to be done - nothing more. Ofcourse, it is always better to try and evoid the situation in the first place, but this is not always possible. With such a complex legal backing to street fights, trying to consider your actions in the heat of the moment is near impossible, but if you do act out of line, then you will have to live with the consequences. It is because of this principal that it is always a good idea to learn and discipline yourself not to attack unless attacked from day one, so when it happens, you do not jump the gun or do something stupid. Remember, when the adrinaline is flowing, it makes any logical thinking near impossible.Below is a quick guide line reguarding how you should try and handle a fight situation.+ Try and evoid the situation, or defuse someone that squares upto you.FIGHT BRAKES OUT - YOUR SCRAP - YOUR ATTACKER FALLS+ Quickly assess your surroundings and ensure that they are safe. + If there are any witnesses present, try and keep them with you to give a statement to the police.+ Immediatly put the casualty into the neccessary position (usually recovery position, if unsure, leave, but make comfortable).+ Call an ambulance, and then the Police.+ Remain with the casualty until the ambulance crew attend. + Explain to the police what has happened : note that you are likely to be arrested. Do not panic. You are innocent, and if you have played by the rules, then it will all become very clear. Act with courage, respect and control. Be calm. As soon as they interview you, they will understand, but until then, you must understand that they turn up on the scene and find someone unconcious, and you - the winner of a fight. They are just doing their job. Remember to keep a check of witnesses, and make sure you are honest and complete. Run through it in your head when they ask you to explain what happened. Be completely honest when they ask you questions. It is better to be honest, and perhaps put yourself into some trouble, but be credited to be the victim, than to lie, because you will be caught out, and this will damage your case.Make sure you understand what the police can and can not do. This can be located from our site map.Please remember : if somebody attempts to attack you with an illegal weapon - i.e: a knife, and you draw a knife after they attack and stab them back, even if you do not get charged with stabbing, you will be charged with carrying an illegal weapon, please bare this in mind.

[mojoman 0]

As a person who has been doing martial arts for most of my life, you should know when it is proper to use force. If there is no escape from that person, then its understandable to fight back, especially if that one person is using a lethal weapon/attacking you. But if the guy is lets say just threatening to punch you for whatever reason, you should try and talk it out with the person. As you said, if your being ganged up upon, I wouldn't actually try to hold your own, depending on the form of martial arts you take, you probably wouldn't be able to take them on.When applying force against someone, your not just going to sensely beat upon the person. Your going to just subdue the person enough that they won't have the power to chase you down. You wouldn't just go stand there and try to keep fighting back and beating the crap out of him, as soon as you have disable him enough, you should run for help, as again, violence won't solve anything. If you kill the person or cause severe bodily harm, then you will obviously get in some what trouble still. Breaking a leg or an arm out of self-defense is understandable imo, but really just taking it far enough and beating the person real badly won't do you much,

[Jamesss 0]

mojoman is right. while we have to deal with "fuzzy" legal definations and rules, common sense will almost always lead you to the correct answer. use only enough force as is necessary. how much is necessary? you be the judge given all the circumstances. a jury won't convict you if they would have acted the same, so just be reasonable.

[-[Nero]- 0]

If you only based yourself on basic instinct or common sense, you might push your luck. For a person who are strong may have a higher chance for defending themselves. As for those weak ones, they might need some martial art training to build some bulks and techniques to defend themselves. If someone already wants to bash you up, how can you talk out with the person, he might have already gave you a punch on your face.

[Webber 0]

I think that the issue isn't whether or not you can talk him out of fighting, but instead how much force you use, for we all know that alot of the time if somebody is commited to seriously hurting you, then they are not your usual 'he man' punk, and that they are actually here to cause you serious damage, so at that point you do not consider talking as an option, and must become alert and ready for any physical encounters. As a martial artist myself, all that I can say is that if I was attacked, at that moment in time I would not be considering the legal implications of my actions. At that point in time it would be in my best interests that I simply focused on defending myself in any way that I felt it neccessary. To 'take it easy' because of the legal issues afterwards is almost certinally going to end up getting your head smashed in. Also, with the adraniline and 'tunnel vision' that often builds up during a fight, I don't think it'd be possible to think very much about the legal implications. I do not see how a judge of law could possibly prosecute you for any actions you do in a fight. So long as you don't start stamping on their head when there on the ground, or don't throw the first attack then you can pretty much assume that you are safe... however.. Not long ago in the UK Papers was a story that goes as follows:Two men were coming out of a club late at night in Manchester City, and they saw a group of 6 hooded yobs attacking a police officer. The police officer was now on the ground and being kicked - hard. These two men bravely raced over to the scene, and battled with these 6 youths. They took down 3 of them and the rest scattered and took off. When the police officer got back to his feet, he actually arrested the two men that had helped him out for assault. Now - if a police officer will arrest you for actually pretty much saving his life, you must wonder how any fight situation would turn out in court.. so my advise is simple - don't give them the chance to get you down. Worry about the legal side afterwards. Providing you fight on the right grounds (as in they attack you first etc) do what needs to be done, and nothing less to come out of the fight alive. It's often important to ring an ambulance and the police afterwards and stay with the attacker - this always helps you out in court..