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Usually, when people or organizations talk about the legal aspects of self defense, they are often talking about using guns in self defense. Organizations such as the NRA or other organizations which believe strongly in the God given right for people to defend themselves usually talk about if you shoot somebody and what to expect in the aftermath from a legal standpoint and what to do if you are ever in the situation where you do have to shoot somebody. Anyway, what Im trying to find is some discussion on the legal aspects of self defense that doesn’t involve guns. If you ever use force in a confrontation that doesn’t involve using a gun and shooting somebody. For instance, if you neutralize somebody with your bare hands. I would think a board such as this one would have such discussion since Krav Maga is an unarmed form of self defense. The legal aspect of using force in unarmed self defense is an important aspect so I think its a good idea to discuss it and also, I’ve even thought of getting involved in organizations, or perhaps starting my own organization, to lobby for the right to use force in self defense.
Re: Legal aspects of self defense
I don’t Know but I THINK the vast majority of places in the US already give people the basic right to defend themselves and others from an imminent threat of harm by using a reasonable or proportional level of force (when compared to the threat).
Your first homework assignment would be to look up and familiarize yourself with the rules of engagement for where you are. Read through NJ penal/criminal code. Look up things like “NJ self defense law”. Correspond with or go in and speak with an attorney or two at your local district attorney’s office. Etc.
Re: Legal aspects of self defense
There may have been other threads on the topic, but this one may be interesting for a start: https://kravmaga.com/forum/showthread.php?t=3024
Re: Legal aspects of self defense
This is an important topic and I don’t think Darren would mind me quoting from Krav for Beginners (yes, I paid for my Kindle copy.) Darren is a DA in LA as well as the head of KMW so he certainly has to be considered a foremost authority on the subject.
quote :Use of Force“Will I get in trouble with the law if I use self-defense?” This question inevitably arises during training. It’s a valid and pertinent question. Unfortunately, there is no clean and simple answer because the rightness of your actions depends completely on the context.
Before we go any further, we should take a moment to make a distinction between a civil complaint and criminal charges. In our rather litigious society, it seems that anyone can bring a lawsuit against anyone else for almost anything. This isn’t quite true—judges will usually throw out the obviously frivolous cases—but you should begin your self-defense training knowing that, even if you’re completely reasonable in your use of self-defense, and the police and district attorney agree with that conclusion, your assailant may try to file a civil suit against you. This doesn’t mean the assailant will win the case, but it does mean you may have to hire legal representation to prove your point.
Criminal cases, on the other hand, tend to adhere to a higher standard. Police officers must collect evidence (and, indeed, decide whether or not to arrest any of the participants). A deputy district attorney must review that evidence to decide if a crime has been committed, and if there is enough evidence to take to trial. All agents of the law enforcement and justice system use their judgment, but they’re guided by established and relatively predictable laws and policies. Unfortunately, those laws can vary from state to state, and the policies can vary from county to county. Additionally, this book will most likely be read by practitioners in countries other than the United States. It is beyond the scope of this book to describe every nuance of Use of Force law for every region and reader. We can, however, discuss general guidelines that will be familiar to most readers.
No Retribution
You are not allowed to hurt people simply because you think they deserve it. For instance, let’s say someone attacks you and you defend yourself while delivering one kick to his groin. If that one kick incapacitates him, the law states that you no longer have a right to harm him. You cannot strike him two or three more times simply because you think he deserves it for attacking you. The law allows for self-defense (under conditions described below), but not retribution. Assuming the context is appropriate, you’re allowed to do enough to keep yourself safe, and no more.
Reasonable Man Standard
We often hear people say that, after using self-defense, they’ll just tell the police, “I was in fear for my life.” This is appropriate (assuming it’s true), but not sufficient. In the end, what you felt is not the only factor because, for all society knows, you might be a paranoid schizophrenic who is always in fear for your life. In the United States, the standard to which you will be held is somewhat higher, and can be stated this way:
You are allowed to use whatever force a reasonable person, in your situation, would feel is necessary to protect himself.
The key word, of course, is “reasonable.” This inserts a level of objectivity to the situation. If a 6’5” man walks up to a small woman in a darkened parking lot and grabs her by the throat, a reasonable person in her situation would feel extremely threatened and respond with very aggressive self-defense to remain safe. If, however, the 5’ woman attacks the much larger man, a reasonable person might assume that the man might need a lower level of force to protect himself from the woman. Note: This does not mean he isn’t allowed to defend himself; it just means that he might be expected to use more restraint.
The devil is in the details, of course, and those details may influence the reasonable person’s opinion. For instance, if the female attacker is a highly trained martial artist and the man has a broken leg, we might reasonably assume a slightly different standard. Assuming he is the attacker, we might expect her to defend herself, disengage, and retreat, rather than smashing his head repeatedly into the ground. There is a point at which the use of force begins to seem like excessive force and, in such a situation, the woman would have to explain why she felt the need to treat the attacker’s head like a basketball.
The police and the district attorney’s office will use the Reasonable Man standard (or some standard very similar to this) and take into account any specifics that might clearly create the context in their decision to file criminal charges. Use of Force standards for law enforcement officers vary slightly, due to the nature of their jobs. Generally speaking, law enforcement officers are allowed to use one level of force higher than is being used against them so that they can control the situation and arrest the suspect. Civilians are not tasked with the responsibility to arrest offenders. Therefore, in many regions there is no authority to use a higher level of force. Rather, as stated above, civilians are permitted to use enough force to defend themselves…and, of course, the definition of “enough force” falls back to the Reasonable Man standard. Depending on the situation, “enough force” might mean one kick to the groin, but it might also mean picking up a rock and beating your assailant until he is incapacitated.
This last part is, in the end, the message Krav Maga delivers to its students. Use no more force than is necessary… but be totally willing and committed to use whatever force is needed to keep you safe!
Re: Legal aspects of self defense
Try http://WWW.Kravmagatraining.com then go to the Student section for a general dissertation about that very subject posted near the bottom of the page. (Also, there are also quite a few training videos posted in that section by the schools KM instructor, Randall Koch, who is very clear and distint while explaning the nuances of various techniques)
CB
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