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Does anyone know about the law passed that: "If your a Black Belt in a Martial Art, and you get into a fight, you can be sued for Excessive Force."?

(I'm not sure if it was Schwarzenegger who passed it or not.)

What official site, book, etc. can I find this on? It's going to be the topic of a research paper I'm writing. Thanks.

2007-10-18 04:46:53 · 3 answers · asked by Anonymous in Politics & Government Law & Ethics

Thanks guys, if you do find something, please let me know. I've been looking for a while with no luck.

I'm guessing about the three of you who answered are either in law or are a Martial Artist, it's interesting to hear your opinions.

2007-10-18 11:32:18 · update #1

3 answers

Sensible, as usual, has provided a sensible answer. I will just expand. It is unlikely that this is a statute as it is an evidentiary issue. Your fighting skill would be used to determine whether the force you used to repel an attack is reasonable. It is standard self-defense law applied to the facts of the case.

I will check and see if the JKA or Tae Kwon Doe associations say anything about this and get back to you.

I have not yet found anything on the Karate association websites.

2007-10-18 04:59:43 · answer #1 · answered by Anonymous · 0 0

There's no law on the books that states what you have here, that's for sure. But sometimes simpler charges can be stepped up to enhance the sentence, particularly of the fight and the beating was really brutal.

For example, they can change a simple assault charge, to, for example, assault with a deadly weapon, if you were, say, a professional boxer or black belt, and therefore considerably better armed than the average guy in that fight.

2007-10-18 06:49:00 · answer #2 · answered by Hillary 6 · 0 0

I cannot site a law, but if you have certification of a fighting skill that can cause harm ( boxing, karate or any other self defense skill) and use it other than defensively, it has been used in courts long ago for prosecutions.

2007-10-18 04:52:45 · answer #3 · answered by sensible_man 7 · 1 0

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