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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 |
-
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.
-
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.”
-
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.
-
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.
-
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:
- Severity of the crime
- Whether the suspect is an immediate threat to the
safety of the officer or others
- Whether the suspect is actively resisting arrest
- 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 |
-
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.
-
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.
-
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.
-
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.
-
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 |