There is a phrase that often gets kicked around the self-defense community that goes something like this; “I would rather be tried by twelve than carried by six”. The intent of this mantra means I would prefer to go on trial for killing a man, then to let someone kill me. However, the people who tend to preach this adage are very rarely thinking of a true life or death situation but instead are playing out a power fantasy where they can justify taking another man’s life.
As a martial arts instructor who specializes in self-defense, I have the unfortunate task of watching hundreds of videos of people being attacked. I do this so I can more accurately and honestly explain what to expect in the assault situations my students are training to defend against. One such video I saw was profoundly disturbing because the person who was defending themselves made an impulsive decision that very well could have changed their life forever. The video was a security camera footage of a young man being assaulted by another young man. The first man was pulling money from an ATM when a second guy ran across the street and swung a punch at the back of his head. The first man heard the guy coming and turned to face the threat. He put his hands up to protect his face, and his forearms deflected the blow. Then he threw a strike of his own that knocked the second guy out and promptly turned and began to run away. Suddenly, he stopped in his tracks, turned around, and walked up to the unconscious assailant and began to kick him repeatedly in the back of the skull.
Claiming your actions were done in self-defense only extends as far as either incapacitating your opponent or getting to a place of safety. Once the assailant had been knocked out, any further injury inflicted on him would only constitute assault. However, most self-defense arts such as Krav Maga or Silat do not seem to fully understand this principle. Similarly, most every martial arts school that does not teach the “Tried by twelve” mentality will still neglect to address the moral and legal ramifications of going overboard when defending yourself.
So here it is plainly. Every state has very different self-defense laws, and I am not a lawyer (meaning this is NOT professional legal advice). Having said that, if you kill a man even in self-defense you will be treated like a criminal. You will go to jail and be put on trial for murder almost every time. Rather or not you were defending yourself will come down to a simple question, “Were your actions that of a reasonable person”. In the story above, everything the first man did was self-defense up until the moment his assailant went unconscious. There is no justification legally or morally to kicking an unconscious man in the head repeatedly. A reasonable person would have stopped when the assailant was incapacitated. Anything beyond that would only be viewed as assault.
I understand the impulse of the man who was attacked. He was mad and wanted vengeance. However, that is where the morality of the situation should come into play. If you kill a man, you have not punished them at all. They are dead, it is over for them. What you have done has caused great pain to whomever loved them. Even the worst of people have a mother or child who loves them. When you kill someone, you only bring pain into innocent people's lives. They are the people you have punished, not the “bad guy”. If you are ok with that, then you are a bad person.
I titled this article “It is never justified to kill” because I believe that with every ounce of my being. Rather you study martial arts for self-defense or carry a weapon, it is imperative that you respect the lives of all people, even those you hate. While there are occasions in which self-defense will require lethal force, those situations are extremely rare and still should never be viewed as a good thing but rather a necessary evil. We must embrace the fact that killing another human being will only bring more pain to those who care about them. Vengeance masquerades as justice, but it is actually a self-indulgent power trip that only serves to increase the suffering in this world. If you don't buy all that, which means you are detrimental to our society, then allow me to plead to your heightened sense of self preservation and remind you: If you kill a man, you will be treated like a criminal and you will go to jail.