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 Post subject: Re: Speaking of settings
PostPosted: Sun Jul 27, 2014 1:24 pm 
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I often wonder....

We all train, we all gain experience from life. And there comes a time when our senses are aware of almost everything. We see, feel or think ahead of most situations. Not foolproof, of course, but it's there in spades. I just don't know when the hell it happened. I've spoken to a few folks about this. They weren't sure when they were first aware that their instincts were shapened far more than they had thought.

Maybe some of it comes with age. I don't mean age as in wisdom, I mean just from being around longer and experiencing more stuff. (for lack of a better word)

Another thought...a friend of mine was bullied as a kid. A lot. All the way though high school. Forty years later he has a sense of when trouble is around the corner. Probably more so than anyone else I know. It's noticable and I'd probably rather have him watching my back than almost anyone. I asked him what part of training, or which of the arts he studied might have helped his aweness. He said it was from being picked on as a kid. He gets feelings from people because he recognizes aggresion under the surface, sees potential trouble up ahead because it was a means of social survival for him as a boy and his "radar of getting his ass kicked" is always in his subconcious, buried just below of his Martial readiness. I think there might be something to that.


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 Post subject: Re: Speaking of settings
PostPosted: Sun Jul 27, 2014 2:28 pm 
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Good post Otto...there is certainly a deep mystery to our primal instincts.

http://www.huffingtonpost.com/dr-jim-ta ... 88157.html

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 Post subject: Re: Speaking of settings
PostPosted: Sun Jul 27, 2014 2:42 pm 
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Another good article...

http://www.marksdailyapple.com/violence ... z38gDcaOrO

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 Post subject: Re: Speaking of settings
PostPosted: Sun Jul 27, 2014 6:33 pm 
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Location: england
S — Size up the situation.

A vey important aspect of any scenario .

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 Post subject: Re: Speaking of settings
PostPosted: Sun Jul 27, 2014 9:40 pm 
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Otto, I think you are correct in your thoughts...here is something from Gavin De Becker's ...the academy of prediction.

http://theirondaisywrites.wordpress.com ... chapter-3/

Quote:
“Before I was thirteen, I saw a man shot, I saw another beaten and kicked to unconsciousness, I saw a friend struck near lethally in the face and head with a steal rod, I saw my mother become a heroin addict, I saw my sister beaten, and I was myself a veteran of beatings that had been going on for more than half of my life.”


De Becker states that back then his ability to predict the behavior of others was as tantamount to his survival then as it is now. He says that people believe that they cannot possibly imagine what any given human experience might be, however, you can imagine different human experiences, which therefore gives you the same ability to predict human behavior as if you have lived those experiences.

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 Post subject: Re: Speaking of settings
PostPosted: Sun Jul 27, 2014 9:44 pm 
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Quote:
De Becker is quick to point out that our experiences in childhood will effect what we do, they may not, however, always guarantee that a person will become violent. He says, “it is not an original revelation that some who have weathered great challenges when they were young created great things as adults.” I think of my brother-in-law who weathered a rather chaotic childhood and who has grown into a wonderful man who uses his life to help and protect people (whether they appreciate it or not).

More often than not, however, many children of violence will contribute more violence in the future. De Becker warns that he has met “too many people who were brutalized as children and gave it back to society tenfold.”


This was a very powerful chapter to think about and ponder. It made me realize how important it is to provide stability and consistency for my own children.

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 Post subject: Re: Speaking of settings
PostPosted: Sun Jul 27, 2014 10:20 pm 
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There is a middle ground where you can become stronger. I worked on a case were kids were abused in a care home, they all turned out damaged, drug addicts, prostitutes , criminals....understandable when you think what they went through.
I worked with criminals, saw them everyday, so you get to recognise them, profiling works, there is no secret to this, you can even do it yourself. point is as nietche said " That which doesn't destroy us, makes us stronger"


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 Post subject: Re: Speaking of settings
PostPosted: Thu Aug 07, 2014 9:15 pm 
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Location: Bay Area, CA, USA
Quote:
All of this may sound crazy and to some paranoid, but it is best to be prepared and never need to use the plan and this should not be a fair fight, anyone criminal enough to break into your home at night, is by definition, a potential deadly threat to you and your family, so you have to think about it, plan your reaction and practice it, so you can how it will go down.

Hope I am not going off the subject, but I thought it might be wise to always remember what Van mentioned numerous times elsewhere, and I had repeated numerous times in my seminars, that you will most likely be in trouble one way or another if you throw that karate technique or fire that shot, even if you thought you were in fear of your life. Even if the court finds you not guilty, imagine the cost, time, agonies and family suffering you will have to go through.

Here is just a recent example of what this guy went through in trial, let's ignore whether he was in the right or not or whether his attorney should have advised him differently: (From http://www.cnn.com/2014/08/07/justice/m ... ?hpt=hp_t2

While Wafer said at trial that he acted in self-defense when he shot McBride, he also said the shooting was accidental.
Jurors saw a videotaped police interview with Wafer done only hours after the incident, where he told investigators he had forgotten the Mossberg 12-gauge was even loaded and meant only to scare off would-be intruders.
Facing off with prosecutor Athina Siringas during a two-hour cross examination, Wafer said he must have disengaged the safety inadvertently and that his finger hit the trigger as a "total reflex reaction" when a figure suddenly appeared from the side as he stood in the doorway.
"You either shot on purpose because you were in fear, or the gun went off accidentally. Which one is it?" asked Siringas.
"I shot in fear," Wafer replied.
"So that means you shot on purpose?"
"Yes."
Siringas' co-counsel, Patrick Muscat, suggested in his closing argument that Wafer invented the self-defense scenario to hedge his bets, because he'd realized an accidental killing could still get him convicted of murder in the second degree.
A claim of self defense allows jurors to find a defendant not guilty if they find he acted in the "honest and reasonable" belief he was in danger of being killed or seriously injured, according to Michigan law.

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Henry Thom
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 Post subject: Re: Speaking of settings
PostPosted: Thu Aug 07, 2014 9:47 pm 
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Good points Henry. It all becomes a nightmare.

Also think of the impact of those words...on possible liability insurance contractual language...when you admit it was an intentional firing.

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 Post subject: Re: Speaking of settings
PostPosted: Fri Aug 08, 2014 3:54 am 
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First fatal mistake
Quote:
Jurors saw a videotaped police interview with Wafer done only hours after the incident, where he told investigators he had forgotten the Mossberg 12-gauge was even loaded and meant only to scare off would-be intruders.


Did he have an attorney present when he did this only hours after the incident, or not?

You need at least 48 hours to get back to normal before making statements.
I don't think an attorney would have allowed him to be interviewed by the police so soon.

Second fatal mistake
Quote:
After the incident, Wafer told police he was angry and "full of piss and vinegar" when he opened the door that night, Muscat told the jury.


Really? Diarrhea of the mouth at its best.

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 Post subject: Re: Speaking of settings
PostPosted: Fri Aug 08, 2014 5:21 am 
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You are so right, Van, some people just can not stop talking.

Whether you were involved in a shooting or a bar room brawl, if someone is seriously injured or killed, shut your mouth as long as possible, until after you talked to your attorney. This is serious stuff now.

The following is an excerpt from an attorney coverage program I joined. Name deleted. Although it was written for a shooting incident, same would apply if you killed someone with your bare hands in a self defense incident:

What to expect and what to do...

lf you are involved in a shooting incident, you will most likely be affected by physical and
emotional effects that may alter your decision making process. You should be aware of
this fact now, and have a plan to deal with the aftermath commonly involved in these
types of incidents.

Upon being involved in a shooting incident, you will need to immediately secure yourself from any threat. When you feel there is no threat, you need to immediately call 911 . When calling 911 , be very brief and decisive on your actions.
For example, you should identify yourself as a victim and that you had to defend
yourself. As dispatch is trying to get information, also know that officers are most likely
in route to your location. ldentify if the suspect is at the scene or has left the
scene, and ask for medical response if needed.

lmmediately call (your attorney) after notifying 911. (Your) attorney will advise you on
what to do next. You will need to give police certain basic personal identifying
information, and will be asked about the incident. Your response should be very basic
only including the fact that you are the victim and were forced to defend yourself or your
family. You should immediately advise that you would like to give a full statement in the presence of your attorney.

lf any injury is present, no matter the severity, you should seek medical attention.
You should make sure that any injuries are not cleaned and or treated without first being
photographed, if not life threatening. Do not talk to friends, family, or post any
information online in any way after the incident. This will be a very stressful time in your
life.

Voluntary Contact: This is a common process that involves police asking for information. You may talk to the police, or you can defer. You cannot be held during a voluntary contact and can leave at any time.

lnvestigative Detention: This is a common process that involves you being temporarily detained for investigative purposes. During investigative detention, you are not under arrest, and are not obligated to give a statement, however you will not be free to leave. You WILL be held in investigative detention if you are directly involved in a shooting.

Arrest: This a process in which you are being charged with a crime, and physically taken into custody by the investigating agency. You will be given your Miranda rights before any interrogation during the arrest process, but you do not have to be read your rights to be arrested.

ln the latter instances, lnvestigative Detention and Arrest, we advise you to be cooperative with your personal information, and basic facts of the incident, including the fact that you are a victim and were forced to defend yourself, but defer on giving a full statement until you are able to speak with your attorney.

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Henry Thom
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 Post subject: Re: Speaking of settings
PostPosted: Fri Aug 08, 2014 11:30 pm 
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Here's another good article.

https://www.usconcealedcarry.com/five-l ... -citizens/

Quote:
After a self-defense shooting—a near-death experience, by definition—you can expect to be badly shaken. You realize that you have just violated a cardinal socio-religious taboo: you have killed a human being! You’ll feel a need to verbalize why, and can find yourself babbling to justify yourself, with your mouth quickly getting ahead of your brain. It’s colloquially known as diarrhea of the mouth, and it’s so common that psychologists have a name for it: logorrhea.

“You will have my full cooperation after I’ve spoken with counsel.” This will prevent a logorrhea attack, and you’ll have to stick to it like “name, rank, and serial number when in enemy hands.” But it will show that you were cooperative, and in the most unlikely event that it becomes an issue in court, we can show that cops are taught something similar for when they are in shootings.

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 Post subject: Re: Speaking of settings
PostPosted: Fri Aug 08, 2014 11:31 pm 
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Quote:
Long ago, police departments learned that things like a trigger pull so light a lay juror could perceive it as a “hair trigger” could either lead to an accident, or allow a false accusation of same. (Why would opposing counsel falsely allege an accident? Because “self-defense” is a “perfect defense” in an intentional shooting, but there’s no such thing as a “justifiable accident” in criminal law.

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 Post subject: Re: Speaking of settings
PostPosted: Fri Aug 08, 2014 11:45 pm 
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Quote:
In civil court, the other side knows that you probably don’t have a million bucks they can get their claws on if they win the lawsuit, but the company that underwrote your homeowner’s liability insurance policy does.

They know that homeowner’s liability insurance won’t cover an intentional shooting, because it’s an expressly exempted “willful tort,” but it will cover negligence, and that’s why they fabricate the “accidental shooting with a negligently-used hair trigger gun” theory.)

The hair trigger is one example. Removing or deactivating a safety device on a lethal weapon can be construed as “plaintiff’s counsel’s guaranteed employment act.”

I’ve run out of space to write here. But you haven’t run out of time to prepare yourself.

“Better judged by twelve than carried by six” is fine as far as it goes. But you want to stay out of prison and bankruptcy as surely as you want to stay out of a premature grave.


What isn't covered here in the article is that: Though your homeowner's policy does not cover a willful act...an umbrella policy[the right one] surely will, in addition to providing you with increased limits of coverage plus the cost of defense.

i.e., my RLI umbrella specifically states the assault and battery committed by the insured will be covered if committed in defense of persons or property.

And I am willing to bet that 90% or more of all martial artists reading this here, do not have that policy...yet have dreams of using their 'karate skills' in 'self defense' :lol:

You raise your hands against someone in 'self defense' to block/punch/kick...whatever...in self defense...and when the summons and complaint is served upon you...and you take to your insurance company...

You will be two steps from a heart attack...when you are told...sorry...no coverage...hire your own lawyer.

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 Post subject: Re: Speaking of settings
PostPosted: Sat Aug 09, 2014 2:59 am 
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And so it goes...


Quote:
1) Never rely on legal advice from someone who is not your attorney, especially cops, deputy sheriffs, and clerks of court.

2) Remember five little letters, write them on the fingers of one hand, if necessary: K Y B M S. Keep Your Big Mouth Shut. Ask to speak to your attorney and then KYBMS.

3) Call their bluff - if they say they have to arrest you and interrogate you at the police station, go with them and put up with the nonsense. Better to spend a couple nights in jail than twenty years in the penitentiary.

4) "I want my lawyer!" - and KYBMS.

5) Did I mention that you ought to keep your big mouth shut? Most of the people I've represented who got convicted for whatever shot themselves in the foot, figuratively speaking, by talking to cops, who will then rewrite, rearrange, and recharacterize what you say in order to get probable cause where none existed, and to get a conviction on the basis of a "confession" that wasn't. Think of it as clever marketing. If you give them ammunition, they can, and will use it against you in a court of law. So, and while I'm at it let me mention, you ought to Keep Your Big Mouth Shut.

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