Blog Article/Post Caveat (Read First Please: Click the Link)
“If I have made errors or omissions or misunderstood/understanding of the material in the source it is all mine and mine alone. Ergo, you MUST do the leg-work in research, testing, fact finding, verification and understanding through appropriate, professional and experienced folks such as reading the following (see book listed at end), seeking advice from legal professionals and seeking guidance from long standing violence experts.”
The following is excerpts from the book listed at the end with some minor changes to fit my topic about words and their importance if one is going to study self-protection for self-defense. Most of what is provided comes from a “semi-legal-ish” view and perception that speaks exclusively to firearms and deadly force. I suggest you take the information and fact check, along with extensive research into your states laws on self-defense. This is about inspiration and before you take it as “Gospel” you should do the leg-work to discover just how it effects your teachings and applications. Your life, livelihood and freedom depend on YOU.
In many of my efforts in the self-protection world of the martial self-defense industry I have expressed the importance of words. Getting our words right when teaching and expressing ourselves matters a great deal because those who would sit in judgement regardless of our belief-realities are the one’s who will determine what we did/said is or becomes an unlawful act of violence.
Often a combination of our actions and words will be the deciding factor if our self-defense claim will be allowed in the legal system. Remember, what you practice in both actions and words is what will rise to the top, like cream in milk, when the pressure is on, the adrenaline is flowing and that monkey-mind is chattering away. Remember, like in no other time our tech-age means everyone present will be recording exactly what you say in words and it WILL be used against you when you have to face-off to support your self-defense claim.
Most confrontations follow a pretty familiar pattern/sequence beginning with taunts (words), insults (words), and verbal threats (more words), following by pushing and shoving, followed by punches thrown and weapons used.
In some states, but not all, words in self-defense cases have consequences for both parties. Where that is the case, the person’s language, as well as the victim’s must be examined because if by his words the person provoked or prolonged the confrontation, or contributed to the circumstances that led to the victim’s harm or death, then he or she has misbehaved and cannot claim to have acted in self-defense.
Words alone are not a basis for people to reasonably believe they face an imminent threat of death or serious bodily injury, and they cannot be used to justify deadly force against another.
WORD and FURTIVE GESTURES: words are very important because they provide context for behavior that might otherwise be unclear or ambiguous. Such behavior is know as furtive gestures. It is behavior that is itself unclear or the purpose of which is unclear.
California: Furtive Gestures - “Furtive” as defined by many dictionaries is “being shifty; characterized by stealth; surreptitious; sly and underhanded movement; an expression of hidden motives or purposes.” A furtive movement is a movement reasonably consistent with going for a weapon and not reasonably consistent with anything else. “
Furtive gestures, the behavior itself, is ambiguous. The intent behind the behavior determines whether the victim is facing deadly danger. Furtive gestures/movements must be looked at in context to ascertain their meaning. Guess what, WORDS provide context for the behavior. In the absence of some explanation, words, furtive gestures/movements remain ambiguous.
Furtive gestures occur frequently in self-defense cases. Words can have a great impact on where that crossover point falls, in any given situation, moving it toward or away from either end of the spectrum.
WORDS can also have the opposite effect, making non-threatening behavior VERY dangerous. Words CLARIFY meaning making a furtive gesture/movement to become clearer/clear.
While WORDS alone can never justify the taking of human life, they can help us to understand if a person’s behavior is motivated by malice, hostility, or ill will or by some other reason.
“Words ALONE are NOT an act of aggression which permits the use of deadly force, nor can the placing of a hand in a pocket be considered an act of aggression although, when considered TOGETHER, such actions may foster an apprehension of danger which would support the use of deadly force in self-defense.
WORDS: Reasonable BELIEFS and FEARS
It takes more than just words to trigger the right to self-defense. Let’s repeat that, “It takes more than just words to trigger the right to self-defense!” There MUST be some violent act, some behavior, on the part of the victim that threatens the attacker with death or serious bodily injury before deadly force can be used in response.
A person’s REPUTATION for violence, or non-violence, is very important when furtive gestures are involved because, if the reputation is known, it signals whether the furtive gesture/movement’s purpose is a dangerous one. Simply put, a person known to have a bad temper, to carry and use a knife in the heat of anger, who reaches into his pocket during a hostile encounter, is more likely to be reaching for a weapon than a man known for turning the other cheek. Reputation is so important in furtive gesture/movement cases that some courts have said the meaning of a furtive gesture/movement cannot be determined except in light of the actor’s reputation for violence.
“If I have made errors or omissions or misunderstood/understanding of the material in the source it is all mine and mine alone. Ergo, you MUST do the leg-work in research, testing, fact finding, verification and understanding through appropriate, professional and experienced folks such as reading the following, seeking advice from legal professionals and seeking guidance from long standing violence experts.”
Lawlor, Bruce M. “When Deadly Force is Involved.” Rowman & Littlefeild. 2017
For reference and sources and professionals go here: Bibliography (Click the link)
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