Please take a look at Articles on self-defense/conflict/violence for introductions to the references found in the bibliography page.

Please take a look at my bibliography if you do not see a proper reference to a post.

Please take a look at my Notable Quotes

Hey, Attention on Deck!

Hey, NOTHING here is PERSONAL, get over it - Teach Me and I will Learn!


When you begin to feel like you are a tough guy, a warrior, a master of the martial arts or that you have lived a tough life, just take a moment and get some perspective with the following:


I've stopped knives that were coming to disembowel me

I've clawed for my gun while bullets ripped past me

I've dodged as someone tried to put an ax in my skull

I've fought screaming steel and left rubber on the road to avoid death

I've clawed broken glass out of my body after their opening attack failed

I've spit blood and body parts and broke strangle holds before gouging eyes

I've charged into fires, fought through blizzards and run from tornados

I've survived being hunted by gangs, killers and contract killers

The streets were my home, I hunted in the night and was hunted in turn


Please don't brag to me that you're a survivor because someone hit you. And don't tell me how 'tough' you are because of your training. As much as I've been through I know people who have survived much, much worse. - Marc MacYoung

WARNING, CAVEAT AND NOTE

The postings on this blog are my interpretation of readings, studies and experiences therefore errors and omissions are mine and mine alone. The content surrounding the extracts of books, see bibliography on this blog site, are also mine and mine alone therefore errors and omissions are also mine and mine alone and therefore why I highly recommended one read, study, research and fact find the material for clarity. My effort here is self-clarity toward a fuller understanding of the subject matter. See the bibliography for information on the books. Please make note that this article/post is my personal analysis of the subject and the information used was chosen or picked by me. It is not an analysis piece because it lacks complete and comprehensive research, it was not adequately and completely investigated and it is not balanced, i.e., it is my personal view without the views of others including subject experts, etc. Look at this as “Infotainment rather then expert research.” This is an opinion/editorial article/post meant to persuade the reader to think, decide and accept or reject my premise. It is an attempt to cause change or reinforce attitudes, beliefs and values as they apply to martial arts and/or self-defense. It is merely a commentary on the subject in the particular article presented.


Note: I will endevor to provide a bibliography and italicize any direct quotes from the materials I use for this blog. If there are mistakes, errors, and/or omissions, I take full responsibility for them as they are mine and mine alone. If you find any mistakes, errors, and/or omissions please comment and let me know along with the correct information and/or sources.



“What you are reading right now is a blog. It’s written and posted by me, because I want to. I get no financial remuneration for writing it. I don’t have to meet anyone’s criteria in order to post it. Not only I don’t have an employer or publisher, but I’m not even constrained by having to please an audience. If people won’t like it, they won’t read it, but I won’t lose anything by it. Provided I don’t break any laws (libel, incitement to violence, etc.), I can post whatever I want. This means that I can write openly and honestly, however controversial my opinions may be. It also means that I could write total bullshit; there is no quality control. I could be biased. I could be insane. I could be trolling. … not all sources are equivalent, and all sources have their pros and cons. These needs to be taken into account when evaluating information, and all information should be evaluated. - God’s Bastard, Sourcing Sources (this applies to this and other blogs by me as well; if you follow the idea's, advice or information you are on your own, don't come crying to me, it is all on you do do the work to make sure it works for you!)



“You should prepare yourself to dedicate at least five or six years to your training and practice to understand the philosophy and physiokinetics of martial arts and karate so that you can understand the true spirit of everything and dedicate your mind, body and spirit to the discipline of the art.” - cejames (note: you are on your own, make sure you get expert hands-on guidance in all things martial and self-defense)



“All I say is by way of discourse, and nothing by way of advice. I should not speak so boldly if it were my due to be believed.” - Montaigne

Search This Blog

California Reasonable Person: Ca Objective Standard in Self Defense

CAVEAT: "I am not a lawyer or attorney or a judge or a prosecutor or  a police person so this is just my thoughts and mine alone."

Often I am reading or hearing about how one can use karate for self defense so I did a bit of research where I came across "Objective Standard" which calls for the Jury to be instructed to view the occurrence in question through the eyes of the "ordinary man." In other words, jurors must compare the defendant's acts with the acts of a hypothetical "reasonable person" under the same or similar circumstances.

A reasonable person objective is to denote a hypothetical person in society who exercises average care, skill, and judgment in conduct, etc. It represents a standard which a jury will use, as instructed by the court, to measure the conduct of an individual to determine if self defense is applicable.

I am not a lawyer or attorney or a judge or a prosecutor or  a police person so this is just my thoughts and mine alone. I believe that if you are a karate-ka of any experience that a reasonable person will not view you or your actions in the same light as a normal person with no apparent skills of fighting or combat or defensive nature.

This is what California would use if they feel you warrant prosecution and I suspect that in most cases if they didn't feel it you would not be facing it and they believe their chances of conviction are pretty darn good.

I can envision how they will use MMA clips and other common ads on karate and martial systems to promote the brutality resulting from its practice and use. I feel that the normal and reasonable person would see it much like the movies depictions as violent and brutal and intended for combative stuff and not self defense.

I guess it is just lucky that 90% of us will never have to encounter violence, use karate to defend ourselves and then find we stepped across the line between defense and confrontational/aggressive/fighting.

I recently commented on karate being a self defense art where I tried to convey that it is not taught today as a self defense form but rather a "fighting" form or system. The title self defense in most cases is more a feel good about what your doing that is violent and brutal and call it self defense cause you ain't never going to have to use it in real life so why bother with semantics, etc.

I failed to express that is most dojo I have witnessed, participated in, etc. the Sensei promotes a very aggressive response vs. teaching the appropriate response  that reaches a "must stop now" point to remain within the definition of self defense in the local in which you live.

I taught karate. I taught what I believed at the time was self defense or self defense techniques. I had no clue what real violence was or how one would defend against it and violent persons. I understand although not consciously that what I taught was combative and fighting but self defense, NOT. I thank God that no one I taught had to actually use it for defense cause I suspect they would have ended up in jail along side the other person.

A reasonable person definition will also be different for each jury, each juror and each case in court. I suspect because of the ambiquety of the law that there is no one definitive definition that will suffice. In the end, each time, it comes down to the unique aspect and experience of the juror and hopefully they are not of a nature where any violence to them is "wrong" for that might put someone in a position where they were defending but suffered a rendering of guilty because the reasonable person on the jury says, "no excuses, you hurt that person unreasonably."

I suspect prosecutors count on that aspect to get convictions which are politically a good thing for them, at a cost they can live with yet ... you ... not sure about that one.

No comments: