Martial Arts and Perceptions in SD

Martial Arts and Perceptions in SD

Note: I am not an SD expert. I am not an firearms expert. I am not a lawyer or attorney. I am not advocating any of the following as more than my thoughts, perceptions and theories on the subject involved. Always, always seen professional advice for SD, MA and Legal. Always!

As I read an article by Kathy Jackson on A.O.J. it came to me that, “Ability” in deadly force involved things like guns, knives, a club, tire iron, etc. and that prompted the old false story that all black belts had to register their hands as deadly weapons. Now, it is very apparent in modern times that this statement of deadly hands registration is just plain bullshit but think of perceptions.

Although we MABB’s don’t have to register our hands we can rest assured, pretty much, that our history in MA will come up if we are changed with SD. If the prosecutor can, he or she will promote your abilities as the same as using a gun, knife, club, etc. i.e. a deadly weapon. It is, in my view, the same as the “Shod foot” being considered a deadly instrument of death or great bodily harm. 

Now, this does not mean cause I said it that the old false statement is to be resurrected. It does mean that if you train and practice MA consistently, diligently and over time with intent to continue for your life you “May, Could, Might and Maybe” find that this “expertise” will be considered deadly if used in SD and you happen to find yourself facing charges. Remember, it is a perception fostered by media, i.e. television, movies and news, etc., that will plant the idea of deadly hands as deadly weapons in the minds of prosecutors, defense and jurors, etc. 

I am not saying this to panic you but rather to get you, the martial artists who teaches, practices and applies MA in SD, to consider it in the scheme of things when applying SD regarding force decisions and so on. I don’t believe that this is actually taught in SD or MA dojo. 

Consider this, even those who participate in MA on a part time club like social basis where the apply it strictly as a sport in competition there is still a perception out there that anyone who is proficient in such things is or has a potential of being deadly even if they don’t use it in SD. Perceptions do matter and anyone who is in MA, etc. should consider it.

Add in the proverbial perceptions of being a black belt then add to that the years in practice along with the “LEVEL” of black belt. You and I know that often higher grades are not necessarily indicative of expertise in applying the MA in SD, Fighting or Combatives but others might think so. The higher the grade/level the higher the perception that person is a deadly expert in the Asian Fighting Systems!

So, when making force decisions you might consider, best to ask professionals both violence and legal about this, the perceptions of witnesses, what is recorded on video, what is documented in reports and what the legal system may apply to your use and levels of force toward staying within the SD circle/square?

Here is a quote that may convey the concept of MA ability, i.e. “disparity of force.” “If a weapon is not present, ability may be represented by something the courts call disparity of force. This is just a fancy phrase that means the fight would be so radically unfair and so unevenly matched that any reasonable bystander would agree that one of the participants could kill or permanently damage the other person even without a weapon. (When a known, skilled martial artist attacks someone who is not a martial artist)” Kathy Jackson: http://conflictresearchgroupintl.com/?p=1049

Some Mindless Meanderings: 

Q: A high school football player uses his skills to tackle someone when the head hits the ground he dies, is his ability something that pushes him up the ladder toward unjustified use of force?

Q: You are on your way to your car after purchasing a set of carving knives for your wife when you are attacked. You take one out and use it to protect yourself, is is a carving knife or deadly weapon? If a weapon is your use of the knife within the level of force acceptable to the moments circumstances?

Q: You are a coach for a local softball team, you are carrying the equipment to the field for a game when you are accosted by an angry person. You pull out the bat and hit him with it. Is this a reasonable means of SD? Is the bat now a deadly weapon? Are you going to be held to a higher standard because you are a coach who has knowledge of using a bat for protection? Are these just stupid questions?

Q: As a MA practitioner are you going to be held to a higher standard when using your ability in SD? Is the grade or level of black belt going to increase that standard in SD? Are the techniques used in SD going to be considered within the proper range or level of force when defined in relation to your applied technique, i.e. a fist vs. an open hand vs. a kick vs. an elbow and the head of a person hitting the ground?

Granted, these seem far-fetched but this may actually be the type of questions that will be asked that may or may not take you outside the circle/square of legally acceptable self-defense. At the very least, even if you win, may take you to a place of economic ruin and emotional damage for you and your family.  Is it worth it to scoff at the idea?

Addendum dtd October 23, 2014 at 13:27hrs:

I asked the "Armed Citizens Network" a question regarding the use of MA empty hand and here is how that went (bold/italics/underline is my emphasis):

Q: “Is it possible that the legal system might perceive martial arts expertise, even if just sport oriented, as a use of a "deadly weapon?"

A: “Not for an ‘assault with a deadly weapon’ charge, but yes for use of deadly force murder or manslaughter.  Look at your state criminal law statutes, and see what your state law says regarding definitions of what a deadly weapon is, and what deadly force is.”

Marty Hayes, Armed Citizen Network free Q&A