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From the_dojang-admin@martialartsresource.net Sat Aug 15 17:25:07 2009 Return-Path: Received: from tarsus.bollow.ch (tarsus.bollow.ch [82.195.230.222]) by plus11.host4u.net (8.11.6/8.11.6) with ESMTP id n7FMP6r29653 for ; Sat, 15 Aug 2009 17:25:06 -0500 Received: from tarsus.bollow.ch (localhost [127.0.0.1]) by tarsus.bollow.ch (Postfix) with ESMTP id 37184B280DD; Sun, 16 Aug 2009 02:49:08 +0200 (CEST) Date: Sun, 16 Aug 2009 02:48:21 +0200 Message-ID: <20090816004821.15730.77175.Mailman@tarsus.bollow.ch> From: the_dojang-request@martialartsresource.net Subject: The_Dojang digest, Vol 16 #214 - 3 msgs X-Mailer: Mailman v2.0.13.cisto1 MIME-version: 1.0 Content-type: text/plain To: the_dojang@martialartsresource.net Errors-To: the_dojang-admin@martialartsresource.net X-BeenThere: the_dojang@martialartsresource.net X-Mailman-Version: 2.0.13.cisto1 Precedence: bulk Reply-To: the_dojang@martialartsresource.net X-Reply-To: the_dojang@martialartsresource.net List-Unsubscribe: , List-Id: The Internet's premier discussion forum on Korean Martial Arts. 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See the Korean Martial Arts (KMA) FAQ and the online search engine for back issues of The_Dojang at http://MartialArtsResource.com Pil Seung! Today's Topics: 1. FW: RAF/USAF Korean war pilot buried in North Korea (Ray) 2. Mr McTague (freddie bishop) 3. re: Legal perspective (Joel McTague) --__--__-- Message: 1 From: Ray To: The_Dojang Date: Fri, 14 Aug 2009 16:47:13 -0700 Subject: [The_Dojang] FW: RAF/USAF Korean war pilot buried in North Korea Reply-To: the_dojang@martialartsresource.net Interesting... > From: Michael Rank > Date: August 14, 2009 8:24:41 AM PDT > > You may be interested in an article I have written on an RAF pilot > flying for the USAF who was killed in the Korean war and is buried > in North Korea > http://atimes.com/atimes/Korea/KH14Dg01.html Finally, laid to rest in Pyongyang By Michael Rank LONDON - There can be no lonelier grave anywhere on Earth. Amid fields close to the North Korean capital, Pyongyang, lie the remains of Flight Lieutenant Desmond Hinton, a British fighter pilot who flew for the United States Air Force as a member of United Nations forces in the Korean War. Hinton is officially listed as missing in action (MIA), but his brother David, himself a retired Royal Air Force pilot, traced records of how and where Desmond died and managed to visit his grave in highly secretive North Korea. [snip] --__--__-- Message: 2 Date: Fri, 14 Aug 2009 16:54:59 -0700 (PDT) From: freddie bishop To: the_dojang@martialartsresource.net Subject: [The_Dojang] Mr McTague Reply-To: the_dojang@martialartsresource.net Mr. McTague You mentioned that you taught law classes. You should give your legal credentials instead of your martial arts credentials. The law degree far outweighs your martial arts for this topic of legal self defense. Respectfully, Fred --__--__-- Message: 3 From: "Joel McTague" To: Date: Fri, 14 Aug 2009 22:07:59 -0400 Subject: [The_Dojang] re: Legal perspective Reply-To: the_dojang@martialartsresource.net Don, First off, please call me Joel. Law school taught me to hate the sound of my last name. Usually, when I hear Mr. McTague, I'm usually asked to explain the rule against perpetuties. With respect to SB 436 (F.S. 776.012, 776.013, 776.031 and 776.032), it is called the Wild West Statute here in Florida among lawyers and was called that by the legislature, then governor Jeb Bush, and the press. It also goes way beyond the traditional Castle Doctrine, which was previous rejected under Florida law. The Castle Doctrine, as it was applied under common law, only applied to the inside of your home. Florida differs in that it applies not only to the inside of the home, but also to outside of the home and your vehicle as well. Even a tent qualifies under Florida law now. Furthmore, the Castle Doctrine traditionally only applies to using enough force to remove the person from the dwelling; the Wild West Statute creates a legal presumption that any person trespassing is there to commit a violent crime, thus creating an automatic presumption that any degree of force, short of deadly force, used to dislodge the tresspasser is justified. You can use deadly force if you believe its going to prevent a forcible felony (whatever that is). What this has resulted in is that you can basically use anything on your property or in your car. Also, the statute allows for preemptive strikes if you believe that it may be necessary to protect yourself. My system (which was developed with local prosecuters, defense attorneys and police) is designed to be witness friendly. If you just defend yourself and something happens (especially outside the home where the Wild West Statute is not applicable except that it eliminated the duty to retreat), a witness could testify that you were standing there one minute and the next second your alleged attacker was on the ground in an arm bar, and given many juries I've seen empaneled, they're going to make the presumption that you were the aggressor. If, however, you follow my advice, witnesses will say "yes, I heard him say that he was in fear for his life" and although you may feel that it may embolden the attacker, at least at the end of the day when the attacker is face down on the concrete and the police are looking to charge someone with something, you'd have a better chance going home that evening. Just my experience down here in South Florida in the courtrooms. Joel --__--__-- _______________________________________________ The_Dojang mailing list The_Dojang@martialartsresource.net http://martialartsresource.net/mailman/listinfo/the_dojang Subscribe or Unsubscribe: http://the-dojang.net Old digest issues @ ftp://ftp.martialartsresource.com/pub/the_dojang Copyright 1994-2009: Ray Terry and http://MartialArtsResource.com Standard disclaimers apply. Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License. Remember September 11. End of The_Dojang Digest