Please take a moment to read this post first, i.e. "A Different Perspective," before diving into this blog. Your comments, suggestions and participation are greatly appreciated.

Please take a look at Notable Quotes, enjoy.

Please take a look at the bibliography if you do not see a proper reference to a post.

Warning, Caveat and Note: The postings on this blog are my interpretation of readings, studies and experiences therefore errors and omissions are mine and mine alone. The content surrounding the extracts of books, see bibliography on this blog site, are also mine and mine alone therefore errors and omissions are also mine and mine alone and therefore why I highly recommended one read, study, research and fact find the material for clarity. My effort here is self-clarity toward a fuller understanding of the subject matter. See the bibliography for information on the books.


Note: I will endevor to provide a bibliography and italicize any direct quotes from the materials I use for this blog. If there are mistakes, errors, and/or omissions, I take full responsibility for them as they are mine and mine alone. If you find any mistakes, errors, and/or omissions please comment and let me know along with the correct information and/or sources.


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Wednesday, May 20, 2015

The Human Body: A Deadly Weapon

Caveat: This article is mine and mine alone. I the author of this article assure you, the reader, that any of the opinions expressed here are my own and are a result of the way in which my meandering mind interprets a particular situation and/or concept. The views expressed here are solely those of the author in his private capacity and do not in any way represent the views of other martial arts and/or conflict/violence professionals or authors of source materials. It should be quite obvious that the sources I used herein have not approved, endorsed, embraced, friended, liked, tweeted or authorized this article. (Everything I think and write is true, within the limits of my knowledge and understanding. Oh, and just because I wrote it and just because it sounds reasonable and just because it makes sense, does not mean it is true.) 

Please make note that this article/post is my personal analysis of the subject and the information used was chosen or picked by me. It is not an analysis piece because it lacks complete and comprehensive research, it was not adequately and completely investigated and it is not balanced, i.e., it is my personal view without the views of others including subject experts, etc. Look at this as “Infotainment rather then expert research.” This is an opinion/editorial article/post meant to persuade the reader to think, decide and accept or reject my premise. It is an attempt to cause change or reinforce attitudes, beliefs and values as they apply to martial arts and/or self-defense. It is merely a commentary on the subject in the particular article presented.

In one of my blog articles I wrote about a moral code written in the mid-sixties that stated martial artists, under the law, must keep in mind their hands are considered deadly weapons. Well, I did some research and found that in some instances and in some states the body, to include hands and feet, MAY BE CONSIDERED deadly in some circumstances.

The overall consensus is that the human body is not considered a deadly weapon. When in a legal sense it is that determination comes from a variety of factors all done on a case-by-case basis by the legal authorities prosecuting. Where I live in California, “The body can’t be a deadly weapon in the context of assault with a deadly weapon, even though it may inflict deadly force. Rather, deadly weapons are objects external to the body. (People v. Aguilar, 16 Cal.4th 1023 (1997).)”

As you can see California sticks to enhancers, i.e., external objects, as weapons but there is more, “Courts (courts as in all states rather than California, etc) have found that various parts of a body can be weapons, including: hands, feet, teeth, the mouth, and even elbows or knees.”

Also, in general: “In deciding if a body part is a deadly or dangerous weapon, courts will consider the following factors: the manner of blows, hits, or kicks, the degree of force used, the number of times the defendant struck, kicked, or bit the victim, the extent of the victim’s injuries, and the location of injuries on the victim’s body. In states where human body parts can be deadly weapons, courts determine whether they actually are on a case-by-case basis. Normally, an assault involving punching wouldn’t make the hands deadly weapons. But if the punching was repeated, extremely severe, and caused permanent damage, then a court would be more likely to rule otherwise. Courts have also declared hands to be deadly weapons when the attack involved strangling, suffocating, choking, pushing, or dragging.”

There are some states that actually look at one’s martial arts training but in general, like common household tools, can be perceived as deadly weapons but again this all depends on circumstances, legal issues and so on ergo why it is necessary to always seek our legal advice from a legal professional. The is the one example use to indicate a perception of the body or hand or foot to be a deadly weapon such as, “The more severe the attack and injury, the more likely it is that a court will rule that a hand or foot is a deadly weapon. Courts have found body parts to be deadly weapons when the victim: was rendered, unconscious, suffered brain damage, or had a fractured skull.”

Here is the rub, in all the research available nowhere is there a law written, like many laws in some states that gets down to particulars by identifying specific tools, etc., and weapons as illegal (try California for one example), that says the hands are deadly weapons. None actually make any reference to the hands as deadly weapons if a martial arts expert either. No where do I actually see references to legal issues naming martial arts that can be found in the current sources but again I have not exhausted review of all the sources that may or may not be available to me.

I have the theory that the quote to deadly weapons of karate hands came about as a sales gimmick. When the early pioneers of karate started teaching many, if not all, had exposure to the makiwara as a training tool that resulted in the development of the large calloused knuckles that when the uninitiated/ignorant novice observed them in their sensei they assumed the quote came from that practice. What young male full of testerone or subjected to bullying would not want to learn a system that made your hands deadly weapons to fend off said bullies, right? I know in the early sixties I fell for that line hook, line, and sinker. 

Now, add in the information you will learn from another reference on hitting and being hit, i.e., the punch and strikes of karate apply, you find out that many factors actually make the hands when used as fists for striking are the least of your worries in self-defense, combat and/or fighting. When you understand about the art of hitting and being hit you begin to understand that the hands cannot except in very narrow situations and circumstances could possibly be or become “Deadly Weapons.” (note: see references/bibliography for source material on hitting and being hit)

The deadlier of the two, i.e., the fist vs. the open-hand, saying that your hands striking with a whip-like-crack against  an attacker toward certain spots or targets are deadly may get more guffaws then serious consideration but in a lot of cases the open-handed type of strike does more damage and is more effective than the fist strike - basically.

Primary Bibliography of Self-Defense (Some titles have RBC drills included):
MacYoung, Marc. "In the Name of Self-Defense: What It Costs. When It’s Worth It." Marc MacYoung. 2014.
Miller, Rory Sgt. "Meditations of Violence: A Comparison of Martial Arts Training & Real World Violence" YMAA Publishing. 2008.

Bibliography Articles on Self-Defense/Conflict/Violence

The main page leading to the articles I have chosen as a starting point to attain knowledge of conflict, violence and self-defense is: http://ymaa.com/articles/society-and-self-defense where you can navigate to the below or you can simply find a title below and click for direct access to the articles. Most of these are actually introductions to the references written by the authors themselves. It is advisable to start here then move on to the more in-depth stuff in their publications. This section will get you a beginning understanding necessary in phase one of learning self-defense. 

I.M.O.P. Principle—Intent, Means, Opportunity and Preclusion http://ymaa.com/articles/2014/10/imop-principle-intent-means-opportunity-and-preclusion
Introduction to Violence: Scale of Force Options http://ymaa.com/articles/introduction-to-violence-scale-of-force-options
Facing Violence: The Unconscious Stuff-Finding Your Glitches http://ymaa.com/articles/facing-violence-the-unconscious-stuff
Violence: What Everyone Needs to Know About Fighting http://ymaa.com/articles/violence-what-everyone-needs-to-know-about-fighting

Secondary Bibliography of Self-Defense (Some titles have RBC drills included):
Ayoob, Massad. “Deadly Force: Understanding Your Right to Self-Defense”Gun Digest Books. Krouse Publications. Wisconsin. 2014.
Branca, Andrew F. “The Law of Self Defense: The Indispensable Guide to the Armed Citizen.” Law of Self Defense LLC. 2013.
Goleman, Daniel. "Emotional Intelligence: 10th Anniversary Edition [Kindle Edition]." Bantam. January 11, 2012.
Miller, Rory. "ConCom: Conflict Communications A New Paradigm in Conscious Communication." Amazon Digital Services, Inc. 2014. 
Miller, Rory and Kane, Lawrence A. "Scaling Force: Dynamic Decision-making under Threat of Violence." YMAA Publisher. New Hampshire. 2012
Miller, Rory. "Force Decisions: A Citizen's Guide." YMAA Publications. NH. 2012.
Miller, Rory Sgt. "Facing Violence: Preparing for the Unexpected." YMAA Publishing. 2011.
Miller, Rory. “The Practical Problem of Teaching Self-Defense.” YMAA. January 19, 2015. http://ymaa.com/articles/2015/1/the-practical-problem-of-teaching-self-defense
Elgin, Suzette Haden, Ph.D. "More on the Gentle Art of Verbal Self-Defense." Prentice Hall. New Jersey. 1983.
Elgin, Suzette. "The Last Word on the Gentle Art of Verbal Self-Defense" Barnes & Noble. 1995
Morris, Desmond. “Manwatching: A Field Guide to Human Behavior.” Harry N. Abrams. April 1979.
MacYoung, Marc. “Writing Violence #1: Getting Shot.” NNSD. Amazon Digital. 2014.
MacYoung, Marc. “Writing Violence #2: Getting Stabbed.”  NNSD. Amazon Digital. 2015.
MacYoung, Marc. “Writing Violence #3: Getting Hit and Hitting.” Amazon Digital Services, inc. NNSD. April 20. 2015. 
Elgin, Suzette. "The Gentle Art of Verbal Self-Defense" Barnes & Noble. 1993.
Elgin, Suzette. "The Gentle Art of Written Self-Defense" MJF Books. 1997.
Maffetone, Philip Dr. “The Maffetone Method: The Holistic, Low-stress, No-Pain Way to Exceptional Fitness.” McGraw Hill, New York. 2000
Strong, Sanford. “Strong on Defense_ Survival Rules to Protect you and your Family from Crime.” Pocket Books. New York. 1996.
and more … see blog bibliography.
Jahn, C. R. “FTW Self Defense.” iUniverse. Amazon Digital Services. 2012
Jahn, C. R. “Hardcore Self Defense.” iUniverse. Amazon Digital Services. 2002.

Bibliography of RBC Drills (Some titles have RBC drills included):
MacYoung, Marc. "In the Name of Self-Defense: What It Costs. When It’s Worth It." Marc MacYoung. 2014.
MacYoung, Marc (Animal). “Taking It to the Street: Making Your Martial Art Street Effective.” Paladin Press. Boulder, Colorado. 1999.
MacYoung, Marc. "A Professional's Guide to Ending Violence Quickly: How Bouncers, Bodyguards, and Other Security Professionals Handle Ugly Situations." Paladin Press. Boulder, Colorado. 1996.
Miller, Rory. “Drills: Training for the Sudden Violence.” Amazon Digital Services, inc. Smashwords. 2011.
Quinn, Peyton. “Real Fighting: Adrenaline Stress Conditioning Through Scenario-Based Training.” Paladin Press. Amazon Digital Services, inc. 1996

My Blog Bibliography
Cornered Cat (Scratching Post): http://www.corneredcat.com/scratching-post/
Kodokan Boston: http://kodokanboston.org
Mario McKenna (Kowakan): http://www.kowakan.com
Wim Demeere’s Blog: http://www.wimsblog.com
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