Greg Newton
09-23-2011, 02:26 PM
One of the things that Larry brings out in Split Second Survival is that you need to be wary of getting entangled in the legal system. Four things can happen. One, the predator is successfully defended against and then turns and plays the victim so that you get charged. Two, the legal system can prosecute the predator for attacking you and then prosecutes you for using violence to defend yourself. Third, the law can view both of you as being in a "dueling" situation of mutal combat and prosecute you both equally. The last is what you want. The predator was seen for being a predator and your actions were only what force was necessary to stop the assault.
Anyone remember the movie "Born Losers" with Tom McLaughlin as his first Billy Jack role? Obviously this was a movie, but some things in the movie were based on reality. Billy Jack sees an outlaw biker gang savagely beat a man. He pulls a rifle out from his jeep and covers them with it. The bikers are arrested for beating the man and get 30 days in jail. Billy Jack gets arrested for pointing the firearm and spends six months in jail. That scenario is not so far fetched. It happens.
John McSweeney believed that once you defend yourself you need to get out of there and not wait around. I've had extensive talks with John Peterson about the same thing and he is of the same mind. However, I am not so sure. In this day of cellphone and surveillance cameras your image can be readily caught.
My former Kajukenbo instructor was attacked by two men. Kajukenbo being the brutal art it is, and Sifu being a tremendous adept, the two men were put in the hospital with life threatening injuries. Sifu didn't stick around, someone got a tag number, and Sifu got charged. Once again, it happens.
Sifu never gave me a lot of details, so I had to read between the lines. He was probably in a place he shouldn't have been, and his karate and jujitsu training went against him in the eyes of the law. If you are highly trained, it is assumed that you are automatically some sort of killer and you are held to a much higher standard of conduct. It will be used against you in court. This is why the older I get, the more I believe that self-defense training shouldn't be broadcast. In some ways the Okinawans had it right by training in secret.
So how do you survive the legal system? The first and foremost is, STAY OUT OF SITUATIONS THAT CAN BE PERCEIVED AS MUTUAL COMBAT OR MAY POTRAY YOU AS THE ADVERSARY. That requires being observant and having eyes wide open in any situation. It also requires emotional self-control. I wanted to kill a teen predator and his worthless parents one time who had taken advantage of my oldest daughter and kept harassing our family. He and his enabling parents played the system, which predators are good at doing.
Being a police officer at the time didn't help. It was used against me. I had to use emotional self-control. No amount of vengence was worth going to prison and leaving my wife and my two youngest daughters defenseless and without a provider.
Be a good witness of what happened. Be aware of what things triggered your defense actions and just how much force you used. In the heat and stress of a confrontation, this is not easy. However that is why it is so important to train your mind as well as your body. Even if you don't stick around, which I don't necessarily advise, shortly there after, make a detailed list of exactly what happened. That includes gestures, body movements, and what things the predator said. Also document your response.
Make sure you get the names of witnesses and people who may have seen what happened. Just remember, people's perceptions are often skewed by their own personal beliefs, experiences and prejudices.
If you are charged, find a good lawyer. That means finding someone with experience in that particular legal jurisdiction where you were charged. Be leery of being offered a plea bargain. Sometimes this is the best an attorney can get for you. Other times this is just a way for the attorneys to collect a fee and get the case off the docket with minimum effort.
Don't be surprised at how you are painted in court. We have what is called an adversarial system. Attorneys are paid money to advocate for or against. The opposing side will trash you and your character, but no hard feelings, that is just what they are paid to do.
Last, be aware of what the laws are in your state and local area. Visit your local library or look it up on the internet. S.C. for one has all their laws online. Talk with law enforcement. If you know a lawyer you can talk to, ask their opinions. Search out case decisions.
Last, only use what force is necessary to stop an attack. A shoulder jostle shouldn't result in a broken jaw from a left hook. A rough hug shouldn't result in a gouged out eye. Ask three questions. Does the predator have the ability to harm you? Does the predator have the opportunity to harm you? Has the predator put you or someone else in immediate jeopardy? Can what you did be perceived as punishing the predator rather than stopping or preventing an attack?
It is a hard reality that a law abiding citizen has to be so careful. The predator could care less. However, with self-defense training there is a responsibily to be alert and aware and to have the tools to survive the legal system.
Greg Newton
Anyone remember the movie "Born Losers" with Tom McLaughlin as his first Billy Jack role? Obviously this was a movie, but some things in the movie were based on reality. Billy Jack sees an outlaw biker gang savagely beat a man. He pulls a rifle out from his jeep and covers them with it. The bikers are arrested for beating the man and get 30 days in jail. Billy Jack gets arrested for pointing the firearm and spends six months in jail. That scenario is not so far fetched. It happens.
John McSweeney believed that once you defend yourself you need to get out of there and not wait around. I've had extensive talks with John Peterson about the same thing and he is of the same mind. However, I am not so sure. In this day of cellphone and surveillance cameras your image can be readily caught.
My former Kajukenbo instructor was attacked by two men. Kajukenbo being the brutal art it is, and Sifu being a tremendous adept, the two men were put in the hospital with life threatening injuries. Sifu didn't stick around, someone got a tag number, and Sifu got charged. Once again, it happens.
Sifu never gave me a lot of details, so I had to read between the lines. He was probably in a place he shouldn't have been, and his karate and jujitsu training went against him in the eyes of the law. If you are highly trained, it is assumed that you are automatically some sort of killer and you are held to a much higher standard of conduct. It will be used against you in court. This is why the older I get, the more I believe that self-defense training shouldn't be broadcast. In some ways the Okinawans had it right by training in secret.
So how do you survive the legal system? The first and foremost is, STAY OUT OF SITUATIONS THAT CAN BE PERCEIVED AS MUTUAL COMBAT OR MAY POTRAY YOU AS THE ADVERSARY. That requires being observant and having eyes wide open in any situation. It also requires emotional self-control. I wanted to kill a teen predator and his worthless parents one time who had taken advantage of my oldest daughter and kept harassing our family. He and his enabling parents played the system, which predators are good at doing.
Being a police officer at the time didn't help. It was used against me. I had to use emotional self-control. No amount of vengence was worth going to prison and leaving my wife and my two youngest daughters defenseless and without a provider.
Be a good witness of what happened. Be aware of what things triggered your defense actions and just how much force you used. In the heat and stress of a confrontation, this is not easy. However that is why it is so important to train your mind as well as your body. Even if you don't stick around, which I don't necessarily advise, shortly there after, make a detailed list of exactly what happened. That includes gestures, body movements, and what things the predator said. Also document your response.
Make sure you get the names of witnesses and people who may have seen what happened. Just remember, people's perceptions are often skewed by their own personal beliefs, experiences and prejudices.
If you are charged, find a good lawyer. That means finding someone with experience in that particular legal jurisdiction where you were charged. Be leery of being offered a plea bargain. Sometimes this is the best an attorney can get for you. Other times this is just a way for the attorneys to collect a fee and get the case off the docket with minimum effort.
Don't be surprised at how you are painted in court. We have what is called an adversarial system. Attorneys are paid money to advocate for or against. The opposing side will trash you and your character, but no hard feelings, that is just what they are paid to do.
Last, be aware of what the laws are in your state and local area. Visit your local library or look it up on the internet. S.C. for one has all their laws online. Talk with law enforcement. If you know a lawyer you can talk to, ask their opinions. Search out case decisions.
Last, only use what force is necessary to stop an attack. A shoulder jostle shouldn't result in a broken jaw from a left hook. A rough hug shouldn't result in a gouged out eye. Ask three questions. Does the predator have the ability to harm you? Does the predator have the opportunity to harm you? Has the predator put you or someone else in immediate jeopardy? Can what you did be perceived as punishing the predator rather than stopping or preventing an attack?
It is a hard reality that a law abiding citizen has to be so careful. The predator could care less. However, with self-defense training there is a responsibily to be alert and aware and to have the tools to survive the legal system.
Greg Newton