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Self-Defense

You want an article. Fine. Don't expect me to enjoy it. It's about defending yourself, which, frankly, is a concept most people could use a refresher on.

Countermeasure to Defend Oneself Against Harm

For the legal intricacies of self-defense, one might consult the Right of self-defense. For other applications of the term, a brief detour into Self Defense (disambiguation) might prove… illuminating.

This rather utilitarian telescopic steel security baton, pictured here, is readily available to the public in Japan as of 2009. A testament to the persistent, and frankly, sensible, need for personal security.

Self-defense, or self-defence as it's primarily known in Commonwealth English, is essentially a countermeasure employed to safeguard one's health and well-being from impending harm. [1] The invocation of the right of self-defense as a legal shield for the application of force during moments of peril is a recognized principle in a multitude of jurisdictions. [2] It’s a rather basic instinct, really. Survival.

Physical

Observe here a demonstration of a jujutsu technique designed to counter a knife attack, captured in Berlin back in 1924. A different era, perhaps, but the underlying principle remains unchanged. On the right, a Senior Warrant Officer of the Bangladesh Rifles, clad in yellow-green camouflage, is applying a control hold, leveraging mechanical advantage against a United States Marine during a demonstration. Two different disciplines, one common objective: control.

Physical self-defense involves the application of physical force to neutralize an immediate threat of violence. This force can be manifested either through the use of weapons or through unarmed means. Regardless of the method, the efficacy of such actions is contingent upon a confluence of factors. These include, but are not limited to, the sheer severity of the threat encountered, juxtaposed with the defender's own mental fortitude and physical conditioning. [3] It’s not just about brute strength; it’s about knowing when and how to apply it.

Unarmed

A vast spectrum of martial arts disciplines are cultivated, either primarily for the purpose of self-defense or by incorporating techniques that are remarkably effective in such scenarios. Some styles dedicate their entire curriculum to the nuances of personal protection, while others, like certain combat sports, can be surprisingly potent when adapted for defensive applications. You'll find styles that meticulously teach methods for extricating oneself from the clutches of a knife or gun, or how to break free from a crushing embrace, while others focus on the offensive aspects. Many contemporary martial arts academies now adopt a hybrid approach, blending various styles and techniques to offer a more pragmatic and adaptable self-defense curriculum. They frequently tailor their training programs to address the specific needs and circumstances of individual participants. citation needed Because, frankly, your attacker isn't likely to adhere to a rulebook.

Armed

For those who prefer a more… direct approach, a diverse array of weapons can be employed defensively. The optimal choice is invariably dictated by the nature of the threat, the profile of the individual or individuals being defended, and crucially, the defender's own level of proficiency. It's also a landscape heavily sculpted by legal restrictions, which can significantly narrow the available options. citation needed

In certain jurisdictions, firearms are permitted to be carried either openly, a practice known as open carry, or concealed, under provisions for concealed carry, specifically for defensive purposes. Conversely, other regions impose stringent regulations on firearm ownership and the types of weapons that can be possessed. Knives, particularly those classified as switchblades, can also fall under legal scrutiny, as can batons, pepper spray, and personal electroshock weapons. However, some of these may be legally carried with appropriate licensing or by individuals in specific professions. citation needed

Consider, for instance, non-injurious water-based self-defense sprays that deploy an indelible dye. These ID-marker or DNA-marker sprays, designed to link a suspect to a crime scene, are generally legal to own and carry in most locales. A rather ingenious deterrent, if you ask me.

And let's not overlook the humble everyday objects that can be ingeniously repurposed as improvised weapons. Think flashlights, baseball bats, the infamous Millwall brick (a rolled-up newspaper, for the uninitiated), keyrings with their readily accessible keys, common kitchen utensils, tools, and even hair spray aerosol cans in conjunction with a lighter. Resourcefulness, it seems, is a potent weapon in itself. [5]

Verbal Self-Defense

Verbal self-defense is more than just shouting. It's the strategic deployment of words to actively prevent, de-escalate, or bring a halt to an attempted assault. [6] A sharp mind can be as effective as a sharp blade, though far less messy.

Women's Self-Defense

The statistics paint a grim picture. According to RAINN (Rape, Abuse & Incest National Network), approximately "80 percent of juvenile victims were female and 90 percent of rape victims were adult women." [7] Furthermore, women between the ages of 18 and 34 are disproportionately at risk of experiencing sexual assault. Historian Wendy Rouse, in her seminal work Her Own Hero: The Origins of Women's Self-Defense Movement, meticulously chronicles the emergence of women's self-defense training in the early twentieth century across the United States and the United Kingdom. This rise coincided with the burgeoning women's rights and suffrage movements. These early feminists were instrumental in raising awareness about the pervasive sexual harassment and violence women endured in public spaces, workplaces, and within the home. They audaciously challenged the paternalistic notion that men were their "natural protectors," highlighting the stark reality that men were, in fact, frequently the perpetrators of violence against women. The act of training in disciplines like boxing and jiu-jitsu instilled in women a profound sense of physical and personal empowerment. The interest in women's self-defense training saw a resurgence, mirroring subsequent waves of the women's rights movement, particularly the rise of Second-wave feminism in the 1960s and 1970s, and Third-wave feminism in the 1990s. [8] Modern Empowerment Self-Defense (ESD) courses are designed to equip participants with a comprehensive toolkit of verbal, psychological, and physical self-defense strategies. These courses delve into the multifaceted origins of gender-based violence, exploring its intricate connections with sexism, racism, and classism. ESD instructors are committed to holding perpetrators accountable while simultaneously fostering within women the conviction that they possess both the inherent right and the capability to defend themselves. [9] [10] [11] [12]

Self-Defense Education

Systematic instruction in self-defense techniques and recommended behavioral protocols for navigating threatening situations is a cornerstone of dedicated self-defense classes. Commercial self-defense education operates within the broader martial arts industry, with many martial arts instructors also offering specialized self-defense courses. While it can be argued that all martial arts training inherently possesses some self-defense applications, self-defense courses are explicitly marketed for their real-world effectiveness and their optimization for practical application in dynamic situations. Numerous commercial systems exist, meticulously tailored to the needs of specific demographics, such as defense against attempted rape for women, or self-defense strategies for children and teenagers. Some of the more notable commercially taught systems include:

Legal Aspects

The application of the law in self-defense cases can be a thorny issue. Evaluating whether the force used was excessive is often a complex and subjective determination. The allowances made for military force in self-defense, and even more so for humanitarian interventions – acting in defense of others in a state that has not explicitly permitted the use of force – can present significant challenges when reconciling these actions with fundamental human rights. [13] [14]

In a notable 2009 case before the Intermediate People's Court of Foshan in the People's Republic of China, a woman who killed a robber by crashing her car into their getaway vehicle during an escape attempt was found to have acted in justifiable self-defense. The court reasoned that the robbery was "still in progress" because the criminals remained within the victim's line of sight. [15]

In the United States, data compiled between 2008 and 2012 by the Violence Policy Center indicated that approximately one in every thirty-eight gun-related deaths – a category encompassing homicides, suicides, and accidental fatalities – was deemed a justifiable killing. [16]

In Canada, self-defense operates as a statutory defense within criminal law, providing a complete absolution for the commission of a criminal act. It functions as a justification, where successful invocation signifies that, given the specific circumstances of the act's commission, it is not considered morally blameworthy. For self-defense to be successfully raised by an accused, three key elements must be demonstrated. citation needed

Firstly, the accused must establish that they held a belief, grounded in reasonable grounds, that force was about to be used against them or another person, or that a threat of force was being made. The reasonableness of this belief is subjected to both a subjective and an objective examination. Certain beliefs, including those rooted in racism or induced by self-intoxication, are considered prima facie unreasonable. However, other beliefs, stemming from the accused's unique subjective experience, may indeed be deemed reasonable. This can encompass relevant military training (as seen in R v Khill), a heightened awareness of cyclical patterns of violence within intimate relationships (as established in R v Lavallée), or even the presence of autism in the accused (as addressed in R v Kagan). [17] [18]

Secondly, the act constituting the offense must have been committed with the explicit purpose of defending or protecting oneself or another person from that perceived use or threat of force. citation needed

Thirdly, and perhaps most critically, the act itself must have been reasonable under the circumstances. A multitude of factors contribute to this assessment of reasonableness. Primarily, the imminence of the violence or threat of violence is a crucial consideration. Typically, if a significant interval exists between the initial unlawful assault and the accused's response, it weakens the argument that no other means were available, suggesting the action might have been motivated by revenge rather than genuine self-preservation. However, the case of R v Lavallée acknowledged expert testimony demonstrating that individuals experiencing battered women's syndrome possess specialized knowledge regarding the cyclical nature of abuse, enabling them to foresee impending harm. Secondly, the availability of a reasonable avenue of escape is a relevant factor. Under previous self-defense provisions, an accused was required to demonstrate a reasonable belief that no alternative course of action was available, thus compelling them to resort to lethal force to preserve themselves from death or grievous bodily harm. While the current provision 34(2)(b) is now part of a non-exhaustive list, its historical mandatory role in common law suggests it continues to carry significant weight in determining the reasonableness of the act under 34(1)(c).

Consequently, while there is no absolute duty to retreat, it is a prerequisite for the defense that no other legal means of responding were available. In essence, there may be an obligation to retreat if such an option exists (as per R v Cain). [19] However, an exception to this obligation exists: there is no requirement to flee one's own home to escape an assault to successfully claim self-defense (affirmed in R v Forde). [20] Furthermore, evidence of the accused suffering from battered women's syndrome may indicate that the accused reasonably perceived no means of escape were available (again, R v Lavallée). Third, the accused's role in the incident can influence the reasonableness of their actions. This consideration extends beyond merely whether they engaged in provocative or unlawful acts, as was the case under older provisions (referencing R v Khill). Fourth, the nature and proportionality of the accused's response are critical in determining its reasonableness. While individuals are not expected to meticulously calculate the precise measure of force required to counter violence or the threat thereof, grossly disproportionate force will invariably be deemed unreasonable (as per R v Kong). [21]

See Also

References

  • ^ Dictionary.com's Definition of "Self-Defense". Dictionary.reference.com. Retrieved on 2 June 2012.
  • ^ Kopel, David B.; Gallant, Paul; Eisen, Joanne D. (2008). "The Human Right of Self-Defense". BYU Journal of Public Law. 22. BYU Law School: 43–178.
  • ^ Joseph, Christopher (22 September 2023). "What is Self Defense? Explaining The Concept of Self Defense". USA Self Defense Centers. Retrieved 7 December 2023.
  • ^ Branded a criminal – Red Offender spray is rolled out at Canterbury's nightspots (KentOnLine.co.uk, 13 May 2010). Retrieved on 5 August 2012.
  • ^ Self-Defense With Everyday Objects August 16, 2017. Arkady Bukh
  • ^ Mattingly, Katy (July 2007). Self-defense: steps to survival. Human Kinetics. p. 2. ISBN 978-0-7360-6689-1. Retrieved 28 July 2010.
  • ^ "Victims of Sexual Violence: Statistics | RAINN". rainn.org. Retrieved 22 October 2019.
  • ^ Rouse, Wendy. Her Own Hero: The Origins of the Women's Self-Defense Movement. New York: New York University Press, 2017. nyupress.org
  • ^ Senn, Charlene Y.; Eliasziw, Misha; Barata, Paula C.; Thurston, Wilfreda E.; Newby-Clark, Ian R.; Radtke, H. Lorraine; Hobden, Karen L. (11 June 2015). "Efficacy of a Sexual Assault Resistance Program for University Women". The New England Journal of Medicine. 372 (24): 2326–2335. doi:10.1056/NEJMsa1411131. ISSN 0028-4793. PMID 26061837.
  • ^ Hollander, Jocelyn A. (April 2013). "Does Self-Defense Training Prevent Sexual Violence Against Women?". Violence Against Women. 20 (3): 252–269. doi:10.1177/1077801214526046. ISSN 1077-8012. PMID 24626766. S2CID 21607932.
  • ^ Thompson, Martha E. (2013–2014). "Empowering Self-Defense Training". Violence Against Women. 20 (3): 351–359. doi:10.1177/1077801214526051. ISSN 1077-8012. PMID 24686126. S2CID 206668145.
  • ^ McCaughey, Martha; Cermele, Jill (2013–2014). "Guest Editors' Introduction". Violence Against Women. 20 (3): 247–251. doi:10.1177/1077801214526047. ISSN 1077-8012. PMID 24742868.
  • ^ Nichols, Thomas (2008). The Coming Age of Preventive War. University of Pennsylvania Press. p. 2. ISBN 978-0-8122-4066-5.
  • ^ Seybolt, Taylor B. (2007). Humanitarian Military Intervention: The Conditions for Success and Failure. Oxford University Press. pp. 5–6. ISBN 978-0-19-925243-5.
  • ^ Are There Limits to Self-Defense? Beijing Review, 28 April 2009. Archived July 22, 2012 (Date mismatch), at archive.today
  • ^ Martelle, Scott (19 June 2015). "Gun and self-defense statistics that might surprise you – and the NRA". Los Angeles Times. Retrieved 16 February 2018.
  • ^ R. v. Kagan (P.D.), 2007 NSSC 215 Supreme Court of Nova Scotia
  • ^ R. v. Khill, 2021 SCC 37 Supreme Court of Canada
  • ^ R. v. Cain, 2011 ONCA 298
  • ^ R. v. Forde (S.C.), (2011) 285 O.A.C. 77
  • ^ R. v. Kong 2006 SCC 40.

External Links

  • cvpsd.org Center for Violence Prevention and Self Defense

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