THE MARTIAL ARTIST'S GUIDE TO "USE OF FORCE"

 

  


 

Author Forrest Morgan writes in his book, “Living the Martial Way,” that “Warriors are special people.  Since they understand the concept of honor, they set their ethical standards above most of the rest of society.”  A warrior lives his life and carries out his duties based on a high set of principles.  It is because of this adherence to a high set of principles that the warrior is conscious of the appropriate level of force he uses in a situation.  This article will explain how and when modern day warriors use force and how you can adopt the same principles.

Many if not most martial artists today don’t consider themselves warriors.  I credit that to several reasons, such as our increasingly politically correct society, as well as to many martial arts schools that realize if their dojo is to survive in today’s competitive commercial market, they need lots of after school programs for kids.  Teaching warriorhood skills and principles may be too intense and seem archaic for the parents of today's kids.  Also, many martial artists don’t train to rely on their martial arts skills to save their life, but look at it more as a competitive sport, or a means to get into better shape.  But let’s not fool ourselves, there is a reason why it's called "martial" arts.   Author Peter Lewis wrote in his book, “Martial Arts,” that “Many of today’s martial arts were once battlefield skills devised for the sole purpose of causing death or injury to an adversary.  [For] The samurai of old, victory in combat was the absolute priority.”

Since the warrior strives for excellence and prides himself on adhering to a noble code, how can the modern day martial artist warrior learn the code of warfare he should adopt for today’s society?  I submit to you that we should not reinvent the wheel, but instead use what our modern day warriors use as their code of conduct relating to the use of force.  When I refer to our modern day warriors, I am referring to the law enforcement community.  I exclude military warriors since their objective is obviously different than a civilian's and thus they use the "Rules of Engagement" as their guide for use of force.

The use of force guideline is often referred to as the “Use of Force Continuum” within the law enforcement community.  It displays either in graph form, stair-step (color-coded example provided below), or written form the degree of force that is appropriate to use in a situation involving a resisting subject.  The most common “Use of Force Continuum” displays five steps (or degrees of force) that can be used by the law enforcement officer.  The list starts from the least amount of force (mere presence) to the greatest (deadly force).

 Table 1: Use of Force for Police Officers

LEVEL 5 DEADLY FORCE FIREARMS, STRIKES TO VITAL AREAS
LEVEL 4 HARD TECHNIQUES STRIKES, TAKEDOWNS, BATON
LEVEL 3 SOFT TECHNIQUES PEPPER SPRAY, WRISTLOCKS, ESCORT HOLDS
LEVEL 2 VERBAL COMMANDS CLEAR, ASSERTIVE, SIMPLE
LEVEL 1 OFFICER PRESENCE NEAT, PROFESSIONAL, PHYSICALLY FIT

 

  1. Presence:  A police officer’s uniform is recognized as sanctioned authority by the governing body.  Therefore, that alone should command respect and authority from a subject since society collectively has empowered police officers with that authority in order to do their job.  The officer’s uniform should be neat and clean.  The officer should be in good physical condition and have good body posture.
  2. Verbalization:  If the police officer’s uniform does not command the authority the officer seeks in order to carry out his duty for society, then he should use verbal commands.  His commands should be professional, firm, simple to follow, and easy to understand.  For example, “Turn your music down,” or “Put your hands in the air.”
  3. Soft Techniques:  When confronted with a subject who does not respond appropriately to an identified police officer who has given lawful commands, the officer may escalate to soft techniques.  The police officer may use techniques like pressure points, wristlocks (for controlling a subject, not for breaking joints), escort holds, pepper spray, and tazer to gain compliance from the resisting subject.
  4. Hard Techniques: When the police officer is faced with a subject who does not submit to “soft techniques,” the officer may lawfully escalate his use of force to “hard techniques.”  This level of force includes strikes from hands, feet, knees, and other parts of the body.  In addition, it includes judo throws, take-down sweeps, and impact weapons like the baton.
  5. Deadly Force:  Deadly force is described as the amount of force that is likely to cause death or serious physical injury.  This last level of force includes discharging a firearm, using an edged weapon, strangulation techniques, strikes to the throat, and any impact weapon strikes to the head and throat.

Although the Use of Force Continuum is used primarily as a training tool and guide for law officers, it is also valuable to martial artists.  Police officers are held to a higher standard in a court of law with regards to use of force since police officers are trained for confrontation.  As a martial artist, you are also trained for confrontation.  So if you, as a martial artist, use the following guidelines with regards to use of force, you have a better chance of having your use of force being considered reasonable.  In addition, I believe as warriors in the martial arts, we should pride ourselves in maintaining a higher standard of conduct, even if society doesn’t necessarily require it.

The basic concept of the “Use of Force Continuum” is that whatever force is used, it must be reasonable.  The United States constitutional standard for using any force, whether it be deadly force or not, is the Fourth Amendment standard of “objective reasonableness.”  The Supreme Court explained in the court case Graham v. Connor (1989) what standard courts should use to determine if the use of force by police was reasonable.  The decision to use force must be analyzed by the court on a “totality of the circumstances” and judged from the perspective of a reasonable officer on the scene, rather than judging from 20/20 hindsight.  Graham v. Connor also stressed four key factors for courts to take in consideration when judging whether the use of force by a police officer was reasonable.  The four factors are:

  1. Severity of the crime
  2. Whether the suspect is an immediate threat to the safety of the officer or others
  3. Whether the suspect is actively resisting arrest
  4. Whether the suspect is trying to evade arrest by flight

The Supreme Court stated in the court case Tennessee v. Garner (1985) that an officer may use deadly force when he has probable cause (facts that would lead a reasonable person to believe that something is more likely to happen than not) to believe that the suspect poses a threat of serious bodily harm either to the officer or to others.

Now that we know and have studied how our modern day warriors apply the “Use of Force Continuum,” why should martial artist warriors learn and adopt the same policy?  Taekwondo Master Richard Chun said, “The power we learn is awesome, and it carries with it an awesome responsibility which cannot be taken lightly.  Remember, if you harm someone, you will have to answer for it—and live with what you have done.”

Now, let us examine how we can apply the “Use of Force Continuum” to our training and application as martial artists.

 Table 2: Use of Force for Martial Artists:

LEVEL 5 DEADLY FORCE STRIKES TO VITAL AREAS, STRANGULATION TECHNIQUES
LEVEL 4 HARD TECHNIQUES STRIKES, TAKEDOWNS, JUDO THROWS
LEVEL 3 SOFT TECHNIQUES PRESSURE POINTS, CONTROLLING WRISTLOCKS
LEVEL 2 VERBAL COMMANDS CLEAR, ASSERTIVE, SIMPLE
LEVEL 1 MERE PRESENCE CONFIDENCE, PHYSICALLY FIT, AWARE

 

  1. Presence:  How the martial artist appears to others may very well determine whether there is even a conflict or not.  The martial artist should train to strengthen himself to be strong mentally and physically.  If the martial artist is confident in himself, it should show in his posture and in his steps.  “Your posture tells people about your physical condition and your spiritual strength.  Posture isn’t just a social issue.  It’s a tactical and technical one as well.  Keeping your head up centers your field of vision, and keeping your back straight enables you to pivot quickly and deliver more force with less muscular effort.  Only with proper posture can you command your physical center and the concentric circles that emanate from it.”  (excerpt from “Living the Martial Way”).  A Japanese quote taken from the book “Martial Arts” by Peter Lewis says, “A man who has attained mastery of an art reveals it in his every action.”  Criminals look for “soft targets.”  Let your appearance exemplify the quote from Chinese General Sun-tzu who said, “To win a hundred victories in a hundred battles is not the highest skill; to subdue the enemy without fighting, that is the highest skill.”  Never underestimate how much information you display from your body language, which can reveal confidence and focus just as easily as it can reveal fear and confusion.
  2. Verbal Commands:  The ability to communicate effectively is so important that I will use examples from the book “Verbal Judo” written by George Thompson and Jerry Jenkins.  “A samurai warfare state of mind called mushin is defined as ‘the still center,’ or the ability to stay calm, read your opponent, and attempt to redirect his aggression in a more positive way.  If you cannot keep a still center, you cannot stay in control of yourself or the situation.  Respond to people; never react.  The word react suggests that you’re being controlled from the outside.  When you are responding, you are in control.  Flexibility equals strength.  The rigid mind breaks under pressure.  You want to be like the willow tree that bends in the heaviest windstorm but does not break.”  Remember that like the police officer, we martial artists hold ourselves to a higher standard of conduct because we welcome and train for the discipline that comes from the martial arts.
  3. Soft Techniques:  When the martial artist must resort to soft techniques, he must do so with the mindset that he will only use what force is necessary to defend himself or others, and that he will cease his action when he has succeeded in defending himself or others.  If he continues to use physical force beyond submission, then he becomes the aggressor and loses any legal protection afforded to him under the "self-defense clause."  “A true warrior would no more demean a non-warrior to demonstrate his power than a grown man would slap a child just to demonstrate his strength,” excerpt from “Living the Martial Way”.  Soft techniques for the martial artist include pressure points, wristlocks (for controlling your opponent, not for dislocating or breaking joints), and open hand strikes to non-serious parts of the body, such as the torso.
  4. Hard Techniques:  The martial artist may escalate to the use of hard techniques when soft techniques are not working or when the scenario dictates it an appropriate level of force to defend himself or others.  The martial artist may use closed-fist strikes to the body (including the groin, but not to include areas of high probability for serious injury or death, like the temple of the head or Adam’s apple).  He may use judo throws and sweep take-downs.  The reason why this is classified in the “hard techniques” section is because serious injury may occur when the attacker is thrown or swept onto a hard surface like concrete.  The use of elbow and knee strikes (except to the temple or Adam’s apple) are allowed in this classification of force.
  5. Deadly Force:  Hopefully you will never have to use deadly force, but hopefully you will if absolutely necessary to protect yourself or loved one from being killed by an aggressor.  Deadly force techniques for the martial artist include strangulation techniques and all strikes, including those directed to the throat’s Adam’s apple, eyes, and temple of the head.  In addition, the martial artist may use any weapons available against the aggressor until such force from the aggressor has stopped.

As you review the “Use of Force Continuum,” remember that it is only an overall guide.  It must be noted that in a situation that involves deadly force, you don’t have to advance sequentially from “mere presence” all the way to “deadly force.”  You may rapidly escalate or de-escalate through the “Use of Force Continuum” depending on the “totality of circumstances.”  For example, if somebody is attacking you with a knife, you can skip the pressure point techniques from “soft techniques” and use a strike to the throat’s Adam’s apple from the “deadly force” techniques.  On the same note, if somebody grabs you in a bear hug, you shouldn’t immediately gouge their eyes out.  However, you may be able to articulate that gouging your attacker’s eyes out was a last resort for you to escape after lesser levels of force failed.  In that case after examining the “totality of the circumstances,” the eye gouge technique (deadly force) would likely be considered reasonable.

There are several reasons why I encourage you to adopt and practice the “Use of Force Continuum” in your martial arts training.  As one warrior to another, I expect you to uphold the honor, discipline, and integrity that come from being a member of the warrior class.  I would never give somebody a firearm without teaching them how to use it and when it’s appropriate to use it.  The same goes for my martial arts instruction.  Both are potentially deadly and it is only responsible to teach the proper application of each.  Also, if for no other reason, remember that there are laws governing the use of force in our country, and lawsuits continue to increase.

Written by: Tucker Axum