In the world of law, there are essentially two types of crimes:  mala en se (Latin for evil in itself) crimes and mala prohibita (Latin for evil prohibited) crimes. The distinction is important, and most Americans don’t understand these concepts.

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Mala en se crimes are obvious infringements upon the rights of others. This would include things like robbery, rape, or murder. I say that these crimes are obvious, because every organized society has laws against these crimes, and the harm they inflict is obvious and immediate.

These acts contain the element of mens rea (a guilty mind). Anybody of normal state of mind knows that they are violating these laws and thus understand they have committed a “wrong”.

Contrast that idea with mala prohibita crimes – acts that are crimes because somebody said so. These are laws like prostitution, drug use, etc.

You can argue the ills of these acts, but in themselves they do not infringe on anybody else’s rights. Mala prohibita laws are not universal in US states, across the globe, or historically. Why? Because mostly they enforce whoever is in power’s moral system. They try to replace self-regulation with government regulation of consensual activity.

The US constitution was originally drafted and has been amended to bind the federal government from creating and enforcing mala prohibita laws. The bill of rights is a stunning document outlining the types of things the government cannot infringe upon – freedom of speech, religion, freedom from self-incriminatiom, freedom from illegal detainment, search and seizure, the right to own and bear arms.

Mala prohibita laws are tricky because you can violate them with no mens rea. You can be in violation of mala prohibita laws without even knowing it quite easily. Think about the tens of thousands of pages of tax code.

You may have heard that ignorance of the law is no defense. That saying comes from 18th century British Law scholar Blackstone  who wrote:

“Ignorantia juris quod quisque tenetur scire, neminem excusat.” (ignorance of the law, which everyone is bound to know, excuses no man)

Most people have never heard the “which everyone is bound to know” part. What he’s talking about here is Natural Law. The idea of Natural Law is that you have certain rights by virtue of being born human – whether you think they are endowed by God, or simply extend from your status as a person. Everyone in society is bound to know that violating your personal or property rights is wrong. On the other hand, I may not know that whistling on Sunday is banned in certain towns, and I might get pardoned for whistling if I’m from out of town.

Why is understanding this important for self defense in Maine?

First, you should understand that your right to defend your person and your property from harm is a natural right. It extends from the very fact that you are human. All states have guidelines on what citizens may do to defend themselves. I’ll let the legal scholars argue about them. But you should read and understand what they are – and good luck.

Second, I think some of our mala prohibita crimes with regard to self defense are ridiculous. For example, if your kid has a slingshot in his backpack – technically he is committing a Class D crime in Maine and can be imprisoned for 364 days. A woman who has a concealed carry weapons permit allowing her to have a gun concealed on her person, she still could be arrested for having a stun gun in her purse.

I raise this because my students frequently ask about which self-defense weapons are legal to carry in Maine. I am not a lawyer and cannot give legal advice, but as I read the law it basically states that no item used for self defense can be carried concealed on or about your person except for a firearm by someone who has a permit or defensive sprays like pepper spray.

This is a bad law for numerous reasons, not the least of which is that there probably are many thousands of people inadvertently breaking this law every single day.

The real problem with outlawing objects is that it disarms the law abiding citizens, and creates a class of criminals who have never violated a law except for owning the object – and may not ever know they have broken the law. In general, laws restricting people’s ability to defend themselves from violence increase violent crime.

I have written to my state senator and state representative recently in hopes of opening a dialog to discuss Maine Statute Title 25 252. Section 2001A. “Threatening display of or carrying concealed weapon”. I will keep you informed, but I hope you go read and understand the laws of the state regarding self defense.

Sadly, according to Maine’s Public Safety Commissioner, overall crime in the State of Maine was up 3.6% in 2010. This number was led by crimes against property – robberies (4.3%), burglaries (8.6%) and thefts (2.4%). Officials speculate that this rise may be due to Maine’s drug addiction problem – particularly with prescription painkillers.

The rise is disproportionately high in the traditionally crime free areas of rural Maine.

The state is responding by increasing funding to the State Police and Maine DEA. Even state officials agree that policing alone isn’t enough to stop this problem.

So let me ask you this – when is a good tame to take your safety seriously and get yourself some self-defense training? Are you going to lock your doors all the time, and become more aware of your surroundings when outside? Are you going to get that alarm system?

I believe that you can become safer without growing paranoid, and live a more relaxed life because of it.

PORTLAND, Maine — Local police are reporting that two men were stabbed in unrelated incidents early Sunday evening.

Portland police report that both men are expected to recover.

Ar least one attack was on a security guard who was overwhelmed and then stabbed in the back multiple times.

Simply watching the news, it’s difficult to say whether edged weapon assaults are becoming more common in Southern, Maine, but certainly they remain common. From these and other attacks we can unequivocally recommend that citizens and police officers interested in their own safety need to undertake edged weapon self-defense training.

Maine Martial Arts is one of the only schools in the state that focuses on defense against armed and multiple opponents. We spend significant amount of our training time learning to defend against knife attacks. We also focus on gun, stick and empty hand attacks.

Ultimately we learn the principles of defense against any type of attack.

This story is a reminder of how edged weapons are everywhere and are very dangerous.

Interested on training to protect you and your loved ones? Contact us.

The terrible news that San Diego high school student Chelsea King’s body had been found in the park where she disappeared came soon after the police announced they were holding John Albert Gardiner III, a registered sex offender, as a suspect in her disappearance. It seems that police may have their man as he is linked through DNA on Chelsea’s clothing, and has been identified by a young female survivor in another attack in the same park.

That survivor is 23 year old Candice Moncayo, and her story is telling:

Moncayo reports that the overweight Gardiner blitzed her while she was running on a jogging trail and threw her to the ground, She reported that she thought he was going to rape her. She decided to fight with him, and as he shook her by the shoulders violently, she elbowed him in the nose. This caused him to pause and she escaped – running away.

Some important ovservations that may be useful for those of us studying self defense:

1. Her instinct that he was going to rape her is most likely correct, and he certainly might have killed her afterwords to keep from being identified. I’ll talk a little more about sociopathic attackers in a  bit. The important thing here is that our survival instincts are well honed after a million years of human history.
2. She decided and told him that he’d have to kill her to rape her. She made a clear decision to fight back in any way she could and that most likely saved her.
3. She didn’t attempt an armbar, or to get this guy in the guard. She whacked him in the nose with an elbow. She didn’t have to “kick his butt” or “win” her survival depended on one thing and one thing only – ESCAPE. She created an opening and got the hell out of Dodge. This wasn’t a fight – this was survival

Now, I am no psychologist, but Gardiner comes off as a sociopath. One who is without remorse and sees others as objects to get what he wishes. In an earlier conviction for molesting a child under 14, a psychologist argued for Gardiner to get a longer sentence because he showed no remorse. He served 4 years and his name went on a sex offender list.

Pardon me while I climb up on my stump here:

Sexual assaults, in my mind including molesting children, are violent offenses and need to be treated as such. There is a lot of debate about the recidivism rate for sex offenders with studies varying between 52%-88%. The problem is that the only thing you can study is the likelihood of sex offenders to get re-arrested. The other issue that there are different types of sex offenders which vary from violent rapists to flashers (yes flashing can get you put on a sex offender list in some places).

In the end, releasing violent sex offenders such as Gardiner with a slap on the wrist certainly isn’t serving public safety. When we lock people up longer for tax evasion or pot possession than for rape, what does that tell you about our country’s values?

If we are to believe the news, it looks like home invasion is a growing crime. The truth is that it is hard to tell because home invasion is not tracked as a single type of crime. Instead, home invasion may be counted in crime statistics as a count of breaking and entering, with perhaps burglary or assault added in.

For sure, the prospect of a possible armed intruder is pretty scary. This report is the second one I’m aware of in the past couple of months where someone in Maine awoke to find a stranger in their bedroom.

As with any type of crime or emergency, preparation and prevention are keys to avoiding or mitigate potentially horrible results from a home invasion.

The very first thing to take a look at perimeter security:

This is almost common sense but, are your doors and windows locked? Are your external doors hardened with deadbolts, modern bump-proof locks, and more secure strike plates that are screwed 3 inches into the frame? You might look at having safety film installed on first floor windows.

The vast majority of break-ins happen though first floor doors or windows, so securing those is key.

Think about adding an alarm system if you can afford it. A system I like is Frontpoint Security (if you use Referral Code: ef73c and Special Offer Code: R09WELCOME you can get $50 off an initial order). Their system is less expensive than others but is fully wireless, and will work even if a criminal breaks in and smashes your alarm panel to bits.

Look at your outdoor lighting. It’s good to have motion sensing lights near entryways. Also, having shrubbery that can obscure a criminal while he breaks into your home is a bad idea.

Be careful about letting anyone into your home. Some criminals have posed as utility workers, or used ruses like breaking down and needing to use the phone. If a utility worker shows up, ask them to wait outside while you confirm they should be there. If someone claims to need your phone, offer to make a call for them while they wait outside.

Post Perimeter Security:

OK – now what happens if, despite your best efforts, a criminal gets past your perimeter. Even with an alarm going off, the police may be minutes away. You need to have a plan, and evevery person in your family needs to know the plan and you should practice like a fire drill.

Under stress, complex directions can be misunderstood an time lost. Have a safety word that everybody in the family knows is the key to following the plan.

First, you should have a designated safe room. This doesn’t have to be a panic room like in the Jody Foster Movie, but should be a room that locks from the inside and can be somewhat secured. A bathroom can sometimes be a good choice. It would be good if the room’s doorway was not in a direct line to your front or rear door.

You should have access to a phone there – perhaps make it a habit of charging your cellphone there when not on your person. If you have weapons for home defense, you’ll want to have one or more stored there. If you can add a solid core door and a deadbolt – all the better.

When the safe word is given, all family members should go to the saferoom, which would then be locked from the inside while the police are called. If a family member is blocked or can’t get to the saferoom, they may have to get out of the house – run to a neighbors and seek help.

Nothing here is ever meant to serve as legal advice, but if you have a look at Maine Self Defense Laws you’ll see that Maine has a Castle Doctrine law which allows the use of deadly force to prevent or terminate a criminal trespass under certain circumstances. You should familiarize yourself with the conditions under which you can use deadly force to protect yourself, your home, and your loved ones.