Firearms:
Firearms include handguns, rifles, shotguns. Again, because of the very real threat of causing death or grievous bodily injury, he use of firearms should only take place in a deadly force self defence situation. Firearms can be used in two ways:
1) Force Presence
2) Deadly Force
In Empty Hand Impact techniques and weapon techniques, the use of deadly force should only be used as a last resort but must be realized by all that it may be an unavoidable necessity to protect yourself or someone you love from death or grievous bodily injury.
It is important to understand that when an individual uses deadly force his intent is to stop the threat of death or grievous bodily injury to himself or others where lesser force response options had failed or were inappropriate and unreasonable given the totality of the circumstances
Escalation and De-Escalation Of Tactical Response Options
When it comes to escalating your options in a self defence situation, you do not have to start at force presence and work your way up. Escalation through tactical response options may take place because:
A) a tactical option chosen was ineffective, or
B) you reasonably believed, based upon the totality of the circumstances, that a lower tactical response option would be ineffective or inappropriate
there are four factors which may lead a defender to believe that lower tactical response options would be ineffective or inappropriate:
1) Attacker factors
2) Defender factors
3) Environmental factors
4) Levels of resistance
ATTACKER FACTORS:
A) Age: is the attacker 22yrs while the defender is 55. Most people who are younger are usually stringer, faster, and more capable physically
B) Size: Size has a definite advantage in a physical encounter. This is why in boxing they have different weight classes. In a physical combative situation, the ability to protect yourself id directly effected to a great extent, on the size difference between the attacker and the defender if all other things are equal. This is not a sure thing however
C) Gender: this woks for women and against men in most circumstances. If the attacker is a man and the defender a woman, the courts will usually give the woman more room to escalate quicker that if the attacker/defender rolls were reversed
D) Skills or perceived skills: What kind of combative skills and training does your attacker possess. If the attacker is skilled, a defender may have to escalate his force response options to protect himself
E) Multiple attackers: Any time a single defender has to defend against two or more attackers, the potential for the defender to get seriously hurt is greatly enhanced
F) Weapons: any time a weapon is brought to a physical confrontation, consider it a deadly force situation
G) Pre-Assaultive Signs (Ritualized Combat) See my other post on this very important topic
H) Mentality of the attacker: is your attacker emotionally disturbed, drunk, or high on drugs
DEFENDER FACTORS:
A) Size: same as attacker factors
B) Age: same as attacker factors
C) Gender; same as attacker factors
D) Skill level/physical abilities: what is your skill level and physical abilities.
E) Exhaustion: as a physical encounter goes on, the ability to protect oneself is greatly effected by physical and mental exhaustion
F) Injury: If you become injured in a street fight, your ability to protect yourself is going to be effected negatively
G) Ground fighting: the last place you want to be is on the ground in the street, especially if you are not winning. In todays world the issue of multiple attackers is a reality. If grounded and not in control the likelihood of being severely injured by having the boots laid to you is an ugly fact
H) Perception of threat: When it comes to a court of law, your actions will be judged upon your perception of threat. The court will then judge your actions by seeing if your perceptions were objectively reasonable, in the light of facts and circumstances surrounding the incident, and whether you were acting in good faith. This perception of threat must be real. This is why it is so important that if your use of force becomes questionable, you ensure that you articulate your perception of threat clearly and concisely
I) Imminent danger of death or grievous bodily injury: If you are faced with this, you must do everything in your power to protect yourself, this could include the use of deadly force
J) Position/time/ and distance: The need to take immediate action will place time constraints on a defenders evaluation of a potential hostile situation. A defenders distance from threat can reduce available time to react safely. The likelihood of making a wrong decision is greatly increased when there is insufficient time to make a thorough evaluation of threat.
K) Tactical withdrawal/ disengagement: Sometimes, if not most times, the best thing to do when faced with violence is to walk away. There are , however, times that walking is not an option, this is a call that you will have to make
ENVIRONMENTAL FACTORS:
A) Hostile environment: if you find yourself in a hostile environment such as a rough bar or rough part of town, even if you win, you run the risk of fighting others around.
B) Terrain: what kind of terrain are you fighting on and how is it affecting your footing and balance. This may have a direct effect on the kind of tactical response option you choose
C) Weather: if you are fighting outside, the weather may also play a factor in balance, footing, and the ability to see
D) Lighting: Lighting usually has a direct affect on personal perceptions. Because of this fact, the ability to see, or lack thereof, may effect your tactical response option choice
LEVELS OF RESISTANCE:
A potential attacker can also demonstrate various levels of potential resistance. The type of resistance from the attacker will directly influence the tactical response option which a defender will choose to defend themselves with:
A) Non-verbal intimidation: through the use of Ritualized Combat and attacker telegraphs his intent on attacking you
B) Verbal non-compliance: this is where an attacker is showing non-compliance by being argumentative or offering threats towards you. This level of resistance is usually combined with other levels
C) Passive resistance: this is where a person does not listen to verbal attempts to de-escalate a situation. A person here will usually offer non-compliance by refusing to move but offers no direct physical assault. An example of this type of resistance is where a bouncer or doorman asks a person to leave a bar. Upon being asked, the patron says pound sand, and refuses to move from his seat
D) Defensive resistance: This level is similar to passive but at this level a person may offer defensive resistance by holding onto people or object. Back to the bar again as an example, the patron upon being moved by the bouncer now grabs onto a table to prevent such action from taking place. At this level of resistance there is no direct physical assault taking place.
E) Assaultive: this level of resistance is where a person actually offers a direct physical attack
F) Deadly force: this level of resistance is where a person is assaultively resistant to the point where his actions may cause death or grievous bodily injury. This would also include weapons
It must be understood that the levels of resistance can change very quickly within the context of a physical altercation. A person can be passively aggressive at one point and then two seconds later becomes assaultive in a deadly force context.
Again, a defenders may escalate through their tactical response options by either:
1) Choosing an option and finding it to be ineffective; or
2) Forming a reasonable belief that lower options would be ineffective or inappropriate given the totality of the circumstances
A defenders choice as to an appropriate and reasonable tactical response option, when being threatened or attacked, will be dependant upon attacker factors, defender factors, environmental factors, and levels of resistance. Once a person chooses to become actively involved with a combative situation, they will pick one of the tactical response options as their method of physical defence.
DE-ESCALATION OF PHYSICAL FORCE:
Physical force de-escalation is based upon the level of compliance or control exhibited by the attacker in which force is used. Once a defender has stopped an attackers physical resistance or assault, escalation of force should stop and de-escalation should begin.
If the defender continues to escalate his level of force even though the attacker has stopped his assault or was defeated, he will be using excessive force and be found criminally and civilly liable for his actions. Remember, there is no such thing as catch up in a self defense encounter
ABOUT THE TACTICAL RESPONSE THEORY:
1) The theory is subjective: This theory/method allows you to apply force subjectively based upon your perceptions
2) The theory is dependant upon attacker factors, defender factors, environmental factors, and levels of resistance
3) Confrontations are dynamic and not static: each situation has its own set of unique variables so there can be no absolute rules dictating a defenders response to specific resistance.
4) The Tactical Response Theory is a tool: the theory is just another tool to use in a self defence situation just like a punch or kick. Use the theory to justify and articulate why and how you defended yourself. If you follow it, and are professional in the way you defended yourself, the theory will go along way in protecting yourself on the street and more importantly in the criminal and civil liability forum that will take place years after the physical assault is over
Remember in court, you may live by the sword, but you are judged by the pen. How well you can articulate your reasons for reasonable self defence, can make the difference between freedom or jail time, and that is what this post is all about.
If one finds themselves in trouble, also think about hiring a lawyer who knows about the above noted information !!!!!!!
As a court expert, I have used the above noted information very successfully in all levels of court here in my country, CANADA, to defend both police officers (with some significant changes to the above noted theory specific to law enforcement) and CIVILIANS who had to use force in self defense
Strength and Honor
Darren Laur
Integrated Street Combatives