Self-Defense and the Law

By Chuntian Academy Founder and Director , Master / 7th Rank Matt Plewes

July 2007 (Updated)

Greetings,

Recently, I've been surfing the internet checking out other self-defense sites out of curiosity and idea stimulation, because I want to have the best self-defense resource website available.
I think we are on the right path, but still have a lot of work to do.
Incidentally, what I did find was a bit shocking. They're a lot of self-defense videos that won't work or the techniques are to intricate and so on. I've addressed this many times before and mention it throughout this site. However, what I also discovered was a lot of video or self-defense techniques that were too violent for the given situation.

For example, I witnessed a video teaching how to physically deal with someone that cuts in front of you in line, we all have fantasies about doing it, but to initiate any kind of physical assault when your life isn't in impending danger, YOU are breaking the law and in the wrong and if you train in this cut throat attack mentality, YOU may end up in jail. Basically your defense should equal the attack, an eye for an eye so to speak.

I've always known American law pertaining to self defense and taught it in my school and it was inclusive in the certification process.
Apparently, from my experience meeting other martial artist and searching the internet, every school doesn't include this very important part of training.
If you are not in a war zone and a trained soldier you should know the laws concerning self-defense in your area. (Even soldiers in combat have rules of engagement).

These very violent videos showing "overkill" techniques may look cool, and give you a sense of confidence, but keep in mind too much will turn you the "victim" into the criminal.

Here at C.A.I. we teach escapes, seizing and controlling techniques first, we too have very brutal defense and attack techniques, but are used in the appropriate situations and circumstances and the students are taught to know what, when and how.
Because C.A.I. is now international, we have researched international law and created a few pages for your knowledge and convenience. (See links at bottom of this page).

What we found:

First of all, we are not lawyers here at Chuntian Academy. However a few things are clear from the literature in this area. Before you apply your self-defense knowledge get to know the law in your state. (country).

The following are rules that are fairly consistent internationally.

* Self-defensive is allowed when one fears being assaulted with consequences of serious harm or death.

* The level of response must match the threat, not exceed it.

* You can not touch someone if you believe they are in "your space" or cutting in line, or verbally mouthing off. If you do YOU are committing assault.

* You can make first contact if the aggressor is committing a "felony," such as robbery, assault, rape, murder for example.

* The person about to take defensive steps has a duty to warn if it would seem to do any good.

* One has the duty to retreat from assault if possible.

* Use force, especially deadly force, only as a last resort.

* If a “victim” uses excessive force they become the aggressor.

* Force becomes excessive when it exceeds what is needed to assure one’s own safety

* The more you know about self-defense the more responsibility you have to be in control of its application.
For example in the U.S., they have M.A.L.T. (Martial Artist Liability Test). Basically, if you are deemed an instructor or teacher at any level you are expected to actually use less force and more control of the situation.
That is precisely how we teach at C.A.I..
Now we all should want to defend ourselves and then go back to our lives relatively unscathed . Not defend ourselves, get arrested, humiliated, bad school press, go to court, do jail time, probably cause job loss, and to add insult to injury, be sued by the S.O.B. that started the whole incident.

Take some time and reflect and question the self-defense methods you are studying and or teaching. Your future may depend on it!

American Law

Austrailian Law

United Kingdom Law

International Weapons Law