Anonymous asked in SportsMartial Arts · 4 months ago

Is it likely you'd end up in jail if you kill or hurt someone seriously even in the context of self-defense?

I think depending where you live in the world, the authorities might interpret that you exceeded in your use of force to defend yourself ( Supposedly a martial arts practitioner is capable of moderating himself when defending from an attacker according to certain laws in certain parts in the world )

2 Answers

  • Bon
    Lv 6
    4 months ago

    It's not just where in the world in terms of which country, but also laws within different regions within a country can differ such as the case in the US where there are federal, state, and municipal laws that can all define, limit, and interpret differently what constitutes legal self-defense and under what circumstances lethal force is legal. In some countries, the conditions for use of lethal force for self-defense are so narrowly defined that it is almost a certainty that anyone who does kill in self-defene will be charged.

    Many people mistakenly think that just because they believe they are in the right or justify in using force much less lethal force, the courts are going to automatically give their stamp of approval. It does not work that way.  The law does not give one wit what you believe.  And even in cases where lethal force was used and the police believe you were justified and did not arrest you, the case will still go before a grand jury to decide whether you should be prosecuted.

    Then there is the political aspect of self-defense that further muddles the picture.  Take for example a scenario where an ambitious DA with dreams of political office decides to make a name for himself by prosecuting a high profile case where you killed someone in self-defense but that someone is black and you are not, or you are black and the deceased has powerful family connections who calls in favors to have you tried. If you know anything about past high profile cases of the last 50 years, you probably know what I was referring to because the 2 cases were real cases.

    Self-defense in these modern times involves more than just knowing the physical aspect of how to defend yourself.  You have to know the law and, hopefully, be able to afford a good lawyer.

  • Anonymous
    4 months ago

    yes you can. It also depends on also how and what you use. Excessive force is usually some of the wording. Another is actually if the attacker breaks of the attack and just even backs up just a little bit, or turns to get away and you think your defending your self think again. Now you are the attacker.

    Another is also the wording you will use in court or when arrested. You have to be careful on that.

    Here in US you have some states who have that stand your ground laws, for gun carriers. You can not claim self defense. Lot of areas with that police can not even use that wording as well.

    And don't think no one will see it or know. How many cameras are there you do not know abt. Like that parking lot for that across the street. Or the gas station on the corner or even traffic cameras.

    Best you can do is understand the laws of self defense, home defense, protection of property, self preservation etc...

    1 point you brought up was excessive force. Any good martial artist should know and understand this. Such as if someone tries to pick your pocket and you get into altercation and you break their neck. That is excessive force.

    If someone tries to pick your pocket or take your purse and you use "self defense",  you can only use things to get them off you and subdue them until help arrives. Nothing more. You break his arm (I believe you should, but you can not) that is excessive force. And now you are arrested, have charges against you for it. You may get lucky and pay just for the broken arm.

    Again you need to understand not just the law but what the words mean.

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