Blog Article/Post Caveat (Read First Please: Click the Link)
Except at April Fools jokes there is no state statute anywhere that reflects on or mandates that martial artists have or need to register their hands, or any body parts, as 'deadly weapons' because even the most proficient martial artists don't have that level of ability wherein, except on accident, they are able to apply deadly force. In short, no way Jose can one be required to register their hands, proverbial or otherwise, as deadly weapons.
Now, is it possible that our martial arts experiences and skills could be used against a practitioner in a self-defense legal case? Yes and no, it can be used in a circumstantial way to convince the courts, jurors as well, that the skilled individual used said skills in ways that violate the self-defense laws.
Circumstantial? “Circumstantial evidence, in law, evidence not drawn from direct observation of a fact in issue."
California Circumstantial Evidence? "defined as evidence that only indirectly proves that a certain fact is true -- is a legitimate form of evidence in California criminal courts.1 Many guilty verdicts are based on circumstantial evidence. AND
In the context of California criminal law, circumstantial evidence -- which is also known as indirect evidence -- means evidence that does not directly prove that the defendant is guilty of the charged crime. Instead, it is evidence of another fact -- from which a person could then reasonably conclude that the defendant is guilty. AND
circumstantial evidence carries the same weight as direct evidence for proving a defendant's guilt or innocence."
In short, if they find on social media any indirect evidence that would support the prosecutors case against a martial artists that influences the jurors/court that you did not defend according to the rules of self-defense law that evidence, as strong as if direct evidence shows, you broke that law then you are on your way to jail… do not pass go… do not collect $200.
It can be used, for instance, to prove you, the defendant, had specific intent that would be proof you are guilty of whatever crime, like assault, the prosecutor pushes against you.
This is why, in my view, what is put out on social media matters and even if you hint that maybe you registered your hands as ‘DEADLY WEAPONS’ those two words with both other indirect and direct evidence could pile up evidence that beyond a “reasonable doubt” you did it not as a victim but as the aggressor who trained heavily to achieve a status and level that made you dangerous.
This is one of many reasons why so many who actually and truly defended themselves as targets of attackers/criminals often find themselves sitting as convicted guilty parties rather than victims. It happens more often than the self-defense martial arts industry would like to admit or even acknowledge let alone truly understand provided they took any time to discover this as possible, likely and circumstantial.
GRAPHICS HEREIN: These are meant for entertainment and emphasis purposes only, it ain’t real as to registration BUT PERCEPTIONS are as can be seen indirect in evidence for possible conviction so beware and be wary.
Click images for larger size and readability...
For reference and sources and professionals go here: Bibliography (Click the link)
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