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Criminal Law

 

In September 2005, in the case of State vs. Duff, the North Carolina Court of Appeals ruled that bare hands, fists, or feet are not dangerous weapons. So, in North Carolina, if you use your hands and feet to defend yourself or even attack another person, you will not be charged with using a dangerous weapon, even if you are a black belt, although your actions may still be considered unreasonable under the circumstances.

When two persons mutually agree to enter a fight, both lose the legal protections of self-defense. In most states, if the fight occurs in public, both persons may be guilty of an affray or a breach of the peace.

In General

Taekwondo practitioners are especially susceptible to exceeding the bounds of reasonable force in self-defense situations. They diligently train many years to react instinctively to an attack. The problem occurs when the instinctive reaction is excessive under the circumstances. In this respect, Taekwondo training may become a liability during a self-defense situation since the courts may expect a trained Taekwondo practitioner to be in more control of his/her actions than an ordinary citizen. The courts may view a Taekwondo practitioner's excessive force as merely taking advantage a self-defense situation as an excuse to practice techniques learned in class.

If a Taekwondo instructor only teaches techniques for severely injuring or maiming an opponent, the students should question the quality and practicality of the instruction. Mastering Taekwondo means your being able to react to any type of situation with the appropriate level of force. Training that emphasizes only severe injury ignores the law and the ethics of Taekwondo.

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