Geoscience Reference
In-Depth Information
this through beforehand and make the decision now to be ready and willing to strike out against leth-
al unwarranted aggression and not wait to think about these things until we are suddenly confronted
with a potentially deadly situation. This will prepare us for the future and better guide the outcome. I
believe that with a righteous heart combined with strong technique we cannot lose.
”
—Frank Ferris,
sixth-degree black belt, Sensei, High Sierra Jujitsu, instructor of DanZan Ryu Jujitsu and a major con-
tributor to this chapter
Everyone has the right to defend him- or herself, and that right is protected by the law.
However, the law is open to many different interpretations, and simply because you are acting
within your legal rights, and they are protected by the law, does not mean you may not be
brought to court for your actions. These days, it seems that anyone can bring a lawsuit against
anyone else for nearly anything, so you may be dragged into court for what seems like totally
reasonable actions on your part, though judges will usually throw obviously frivolous cases out
of court before they get very far along. I am not a lawyer, and cannot offer you advice on legal
matters, but I can give you my opinions concerning the popular consensus on these matters.
In general, it is perfectly legal to defend yourself, but it is not legal to take retribution on
another person. For example, if you use self-defense to defend yourself from attack, and throw
your attacker to the ground, breaking his arm, that should be within your legal right, but once
your attacker has been subdued, and is lying unconscious on the ground, if you kick him re-
peatedly and viciously causing great bodily harm, you may well be in a heap of legal trouble.
The standard advice given for these situations is to always say you were “afraid for your life”
and that is why you acted in such a way. That may, or may not, be the case. The judge, jury, and
police are usually directed to use the “reasonable person” test to determine the “reasonable-
ness” of your actions. You are typically legally allowed to use whatever force a “reasonable
person” might use in your situation, which is open to interpretation.
Let's say you are a 5'6" 120-pound woman fighting off a 6' tall 200-pound male rapist. In
this case, if you succeeded in knocking down your opponent, and picked up a nearby lamp
stand and bashed his head repeatedly to ensure that he could not arise and continue his attack,
chances are that all would agree you were acting as a “reasonable person” using reasonable
force given the situation. However, if you are a 180-pound man, and a 125-pound unarmed
purse snatcher grabs your wife's purse, and as he is running away you draw a pistol and put
three bullets in his back, you will probably have a hard time getting away with using the reas-
onable person defense and may well be charged with manslaughter.
