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DantheWolfMan UnderGround >> Self Defense Legal Issues


12/2/04 10:59 PM
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David82
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Edited: 02-Dec-04
Member Since: 12/02/2004
Posts: 1
 
Hi everyone, I am currently writing a paper for my philosophy of law class on self-defense and its legal implications. I would appreciate it if anyone can share their knowledge and/or real life experience dealing with the legal issues arising from defending yourself, your property, or your loved ones. I am posting this question on the MMA forum, the Legal forum, and the Tony Blauer forum because I think different kinds of people will see it and give various perspectives. Thanks
12/3/04 4:50 AM
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Sean Blair
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Edited: 03-Dec-04 04:51 AM
Member Since: 05/28/2004
Posts: 3
David82, Good question and I'll help you out the best I can. Being a Criminal Justice major, I have been involved in several discussions about this topic. The first thing I'll say is that the laws are going to be different anywhere you go. Here in Texas, the law gives individuals the ability to use anything including deadly force in defense of themself, a third party, AND their property. Just because the penal code says we can do it doesn't mean it's a smart idea. Tony teaches that "force must parallel danger", which is pretty self-explainatory. If you abide by this rule you should be okay when you get to fight 3(court). Just an idea...but since you're writing a paper on the topic, you might go in and look at the penal codes from different states and see what they say about use of force in the situations you mentioned. To make it easy on you, I have included a URL to the section in the Texas Penal Code on self-defense. I hope this helps and good luck with the paper. Sean Blair - PDR Coach http://www.texaspolicecentral.com/title_2.htm#9.31%20%20Self%20Defense
12/3/04 1:12 PM
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David82
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Edited: 03-Dec-04
Member Since: 12/02/2004
Posts: 5
Thank you Sean, this helps a lot! My paper is not focused on any particular state but rather how this issue is handled anywhere in the US and maybe even some differences between the states. I will check out the Texas penal code and I will locate the New York penal code since that is my state of residence. I am sure I can come up with many compare/contrast points from that.
12/3/04 6:59 PM
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ironmongoose
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Edited: 03-Dec-04
Member Since: 04/17/2002
Posts: 1900
Also remember to look at interpretive (case) law as well as statute law. In the Canadian criminal code, it's Sections 34-42, but... well, you don't care. :( I don't really like to talk about this one incident that much, but I'll just mention that when I was assaulted earlier this year, and these jokers were preventing me from leaving the scene, I basically stopped doing ANYTHING as soon as I was told the police were coming, because I was no longer in any jeopardy. After training for ten years or so, I only used one "technique": a SHIELD. It was basically a hockey attack, with the guy grabbing on my collar and haymakering me. and I covered up with one arm and elbow by my head. It was all I needed.
12/4/04 1:17 AM
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David82
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Edited: 04-Dec-04
Member Since: 12/02/2004
Posts: 6
Well… I do care, outside the scope of the paper I am interested in all kinds of legal systems, Canadian included. As for the technique, hey, whatever does the job, whatever works.

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