This is a repost from my forum. What are your thoughts on it?
Posts: 3490
Registered: Mar 99
posted January 14, 2002 11:50 PM
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Darren laur wrote:
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In my opinion, the number one legal issue when using force in a self defense situation will be, was the amount of force used to defend yourself “reasonable” the word reasonable, however, will mean different things to different people. What is a reasonable level of force to you may not be a reasonable level of force to a judge and or jury.
Very important to internalize this and develop a strategy to increase the rulings of “ reasonable level of force” response action in our behalf.
Because of martial arts / specialized corollary training and studies with and without use of weapons, some of us may possess more “specialized knowledge” that the average “reasonable and prudent man” __ something which may trigger a certain level of response force, the average person might not.
Good defense lawyers will instruct self-defense students that the more specialized knowledge they become well versed in, the more flexible the “reasonable and prudent person” test will become as to their response actions in self-defense.
Attorney Branca, in his great book, the law of self defense, explains that the above is very critical when the “specialized knowledge” played a key role in the decision to use a certain level of force in defensive situations.
In order for this specialized [uncommon] knowledge to play a relevant part in a defendant’s conduct, he must show proof of having possessed this knowledge before his response action under scrutiny by the courts, and in determining whether a:
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reasonable and prudent person in similar circumstances, and possessing the same uncommon knowledge would have acted as did the defendant!!
The Tueller drill is a good example of this “specialized knowledge” __ uncommon knowledge to the average person.
Show proof __ this is the key…but how??
This points out to smart ways of using this forum: first get involved in discussions of specialized knowledge, then print the whole thread along with your questions/involvement and “paper trail” of practice of specialized techniques, and put it in a master defense file.
This will be your evidence of specialized knowledge in case you need it to bail you out of a nasty court situation.
Mas Ayoob, president of Lethal force institute, recommends to his LFI students to take copious notes during his lectures, date them, then mail them to their home in a sealed envelope never to be opened unless needed to show evidence of “specialized knowledge” __
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Van Canna