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Martial Arts Backgrounds Should Not Be Taken Into Account By The Law

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DebateChallenge

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Lets say somebody gets into a fight and he has a background in the martial arts, any legal consequences he might have to deal with, his martial arts background should not be taken into account and used against him in court. Courts should focus on more dangerous uses of force such as guns. If somebody gets into a fight and they use a gun its understandable that the court would take that into account but since the martial arts is not like a gun therefore it shouldn't be taken into account in court.
 
Is there a case outcome, or some law on the books somewhere, you have in mind to discuss all this?
 
OrphanSlug said:
Is there a case outcome, or some law on the books somewhere, you have in mind to discuss all this?
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That would be entering into new territory for this poster. After all, a martial arts master and the average 86 year old grandmother are equals before the law - if granny used "fighting words" or swung first it's all good that she have her nose driven far inside her skull with a good swift kick.
 
most times, the only way prosecutors will know if you have a MA background is if you tell them you do.

Keep your trap shut.
 
There are other factors besides MA that may give an edge to one participant. Does he work out. Does he do physical labor. Does he do roadwork for endurance. On and on you could go.

Put someone who has done Taekwondo into the ring with a lumberjack and I will pick the lumberjack.
 
pinqy said:
I think he’s thinking of the whole “my hands are registered as deadly weapons” myth.
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Or registered feet in the case of Bill "Superfoot" Wallace.

Incidentally Wallace had a roundhouse kick that was clocked at about 60 mph. That would leave a mark.
 
DebateChallenge said:
Lets say somebody gets into a fight and he has a background in the martial arts, any legal consequences he might have to deal with, his martial arts background should not be taken into account and used against him in court. Courts should focus on more dangerous uses of force such as guns. If somebody gets into a fight and they use a gun its understandable that the court would take that into account but since the martial arts is not like a gun therefore it shouldn't be taken into account in court.
Click to expand...

My understanding is that if you have training and just beat the holy hell out of a guy that you could have merely defending yourself from, you will have a problem. But I have been around some fights where my buddies knew what htey were doing and the cops just treated them like a normal guy in a fight.
 
pinqy said:
I think he’s thinking of the whole “my hands are registered as deadly weapons” myth.
Click to expand...

my hands are love making machines... and they are registered as such too.
 
DebateChallenge said:
Lets say somebody gets into a fight and he has a background in the martial arts, any legal consequences he might have to deal with, his martial arts background should not be taken into account and used against him in court. Courts should focus on more dangerous uses of force such as guns. If somebody gets into a fight and they use a gun its understandable that the court would take that into account but since the martial arts is not like a gun therefore it shouldn't be taken into account in court.
Click to expand...

professional boxer, say mike tyson, gets in a fight and hurts a person without similar skills, does tyson get a free pass?
 
pinqy said:
I think he’s thinking of the whole “my hands are registered as deadly weapons” myth.
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I have to have a concealed carry permit in order to put my hands in my pockets.
 
Bodhisattva said:
my hands are love making machines... and they are registered as such too.
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Registered with, your genitalia?
Self-love is a component of sexuality but most people do not brag about their sessions.

tumblr_mlggdoWCOh1rfvy5mo1_500.gif
 
justabubba said:
professional boxer, say mike tyson, gets in a fight and hurts a person without similar skills, does tyson get a free pass?
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Why do skills matter? If you are the aggressor and hurt someone, it's assault. If the other person is the agressor, it is self defense (yes I know it's more nuanced than that). Fighting background or experience is completely irrelevant as far as criminal charges.
 
DebateChallenge said:
Lets say somebody gets into a fight and he has a background in the martial arts, any legal consequences he might have to deal with, his martial arts background should not be taken into account and used against him in court. Courts should focus on more dangerous uses of force such as guns. If somebody gets into a fight and they use a gun its understandable that the court would take that into account but since the martial arts is not like a gun therefore it shouldn't be taken into account in court.
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I agree and disagree. If you injure someone without justification, you should be held responsible for every bruise and scratch. The worse the injuries, the worse your punishment should be. And if you hurt someone worse because you have marital arts training, you should be held equally accountable all the same.
 
pinqy said:
I think he’s thinking of the whole “my hands are registered as deadly weapons” myth.
Click to expand...

I think you can actually register yourself as a MA practitioner in Guam or Okinawa?


But I dont think its a requirement.....sounds like more of a novelty thing; like getting a star named after yourself.


edit*

Here’s 10 Guam Code Ann. § 62100:
Any person who is an expert in the art of karate or judo, or any similar physical ar[t] in which the hands and feet are used as deadly weapons, is required to register with the Department of Revenue and Taxation.
Experts are defined by § 62104:
A karate or judo expert required to register by the provisions of this Chapter shall be a person trained in the arts of karate, judo or other hand-to-hand fighting technique, whereby the hands, feet or other parts of the body are used as weapons, who shall have completed at least one level of training therein and shall have been issued a belt or other symbol showing proficiency in such art.



Its from an older WaPo article.

https://www.washingtonpost.com/news...eet-are-registered-as-deadly-weapons-in-guam/
 
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ttwtt78640 said:
That would be entering into new territory for this poster. After all, a martial arts master and the average 86 year old grandmother are equals before the law - if granny used "fighting words" or swung first it's all good that she have her nose driven far inside her skull with a good swift kick.
Click to expand...

If you're a grown man, driving an 86 year old woman's nose far inside her skull because she used fighting words or even if she took a swing at you, will look really bad in court. It would most likely be seen as an excessive use of force on your part and you would most likely be looking at manslaughter if not murder charges.
 
ChezC3 said:
most times, the only way prosecutors will know if you have a MA background is if you tell them you do.

Keep your trap shut.
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Lawyers, including prosecutors, are experts at getting all sorts of information on you, which would include any information about you having a background in the martial arts.
 
Crosscheck said:
Put someone who has done Taekwondo into the ring with a lumberjack and I will pick the lumberjack.
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There are all sorts of other factors that need to be taken into account, how much experience does the Taekwondo person have? Does the Taekwondo person cross train with other physical activities such as weightlifting, as they often do? How long has the lumberjack been a lumberjack? Being a lumberjack will get you strong but what if the lumberjack is just starting out?
 
DebateChallenge said:
If you're a grown man, driving an 86 year old woman's nose far inside her skull because she used fighting words or even if she took a swing at you, will look really bad in court. It would most likely be seen as an excessive use of force on your part and you would most likely be looking at manslaughter if not murder charges.
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OK, so where did having a "martial arts background" enter into the matter at all?
 
Bodhisattva said:
My understanding is that if you have training and just beat the holy hell out of a guy that you could have merely defending yourself from, you will have a problem. But I have been around some fights where my buddies knew what htey were doing and the cops just treated them like a normal guy in a fight.
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To beat the holy hell out of a guy would often mean you would have to keep beating on them after they've ceased being a threat, in which case it is no longer self defense on your part.
 
Tlrmln said:
I agree and disagree. If you injure someone without justification, you should be held responsible for every bruise and scratch. The worse the injuries, the worse your punishment should be. And if you hurt someone worse because you have marital arts training, you should be held equally accountable all the same.
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I will give you two situations.

Situation A, you have zero experience in the martial arts and you hurt somebody really badly.

Situation B, you have tons of experience in the martial arts and you hurt somebody less badly than in situation A.

Aside from that, all other factors are the same in both situations. In which of the two situations should you be punished more severely?
 
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