Continuum of Response for the Martial Artist

Disclaimer: I'm not a lawyer and don't play one on TV. The opinions expressed in this paper are my own and do not constitute professional legal advice. Use of them does not guarantee physical or legal safety. If you have questions concerning the legal use of any level of response or force ask an attorney or police officer. Also note that many of the responses require education in their legal as well as their tactical use.

Note: * terms are listed at the end.

What is the Citizen Continuum of Response?

Many law enforcement agencies have what is called a "Continuum of Response" to guide officers in the level of force they can use in resolving a situation and effecting an arrest. This response would start at the low end of physical presence or verbal commands and go up to the use of lethal force. The level they choose is decided by the situation in which they are involved and may change as the situation evolves. The continuum is designed to guide them in very stressful situations in order to keep themselves safe, do as little injury as possible to a suspect, and reduce the possibility of criminal & civil liability to themselves and their department. Law enforcement officers believe there are two confrontations to survive when using force. The physical confrontation and the legal one. There may also be the confrontation with the mirror the next morning.

We, as civilians and martial artists, may face the same confrontations. Though we do not have the duty to place ourselves in such a situation (indeed our responsibility is to avoid it), we may be compelled to use force in order to protect ourselves & others. As martial artists, we have a greater power to inflict harm on another person. We therefore have an equally greater responsibility, both legally and morally, to do only what is necessary and unavoidable to stay safe.

What this paper hopes to accomplish is to define a continuum of response that can be used by the civilian martial artist. It will also define a continuum of force for when a confrontation turns physical. Some situational examples are given to show how the continuums work.

Outlining the Citizen Continuum of Response

What follows is my own continuum of response with the reasons for each levels' placement. The essentials of Alertness* and Awareness* are needed in the situational analysis* to decide what level of response is appropriate. Alertness is knowing what the possibilities are in a situation. It is looking for a fight being likely to break out in a rowdy tavern on a Friday night. Awareness is seeing the probable. It is seeing that someone loitering outside the mall has taken an interest in you.

This list and its order may change for someone who has more or less training or does not have the man made supplemental weapons to use.

This requires mostly alertness with some awareness. It also requires some forethought. It is looking ahead, both mentally and visually, for possible dangers. By doing so, you can see trouble coming and take action to not be ensnared in it. It is simply avoiding where you believe trouble is likely to occur.

Examples: Not going to a rowdy tavern on a Friday night. Noticing someone loitering in the parking lot when you're about to leave work late. Taking a detour when you see a bunch of kids on the next block that all have the same color bandana.

These examples require the use of alertness to possible dangers and awareness of probable dangers.

2. Try to get out of the situation.

This requires a strong sense of awareness to find your options. Alertness is still used to determine if those options also could hold dangers. In this response you are still trying to avoid a confrontation. You do that by leaving the danger area expediently. To use an analogy, in this response you've found yourself in the boxing ring and you're trying to find a way to get out before the match starts. This differs from the previous response where you're trying not get into the ring in the first place.

Examples: You've taken the wrong freeway exit and you realize your in a bad part of town. A party that is beginning to get a little too rowdy. In both instances you want to leave without drawing unwanted attention.

3. Talk or bribe your way out of a confrontation.

Notice that it has moved from a 'situation' to a 'confrontation'. You're no longer able to avoid directly dealing with a possible opponent. You're still trying to get out of it without injury to yourself or anyone else, including the possible assailant. You try to do that by such things as attention diversion, reasoning (if at all possible), or, as much as it could be galling, appeasement. (Hopefully not "peace in our time.")

One trick used by some who carry concealed firearms is to also carry a $5 or $10 dollar bill on a paper clip in their pocket. If they are being harassed they throw the money at the harassers and tell them to buy a drink on them. Not only is it cheaper than any legal costs if it works, if it doesn't it looks good in court to say you tried to give them money to leave you alone.

Examples: Rowdy kids who want to impress each other by intimidating you and your date. A persistent panhandler. A mugger who hasn't gotten physical yet. An obnoxious drunk.

4. Non-lethal defensive devices.

This is where things have started to get serious. Beginning with this you move from strategic to tactical responses. You've not been able to get away without taking some action against the threat. Also starting with this level, the reason or cause for the confrontation becomes less important to the more immediate concern of neutralizing the threat of harm.

Non-lethal defensive devices include defensive sprays, electrical stunners, and sound devices. The only one I consider effective enough is the sprays. Stunners require you to touch the person thereby bringing you in range of his natural* and hand-held* weapons. They also often require you to be in contact for several seconds. If your assailant has ahold of you, you may also get stunned. Sound devices such as horns and whistles are used to stun the assailant and bring attention. Their effectiveness in stunning is questionable at best, especially to someone who is artificially stimulated. The sound may be ignored by others in the same way most people now ignore car alarms or it may bring unwanted attention in certain areas.

The most effective type of spray appears to be a 5% or better solution of Oleoresin Capsicum(OC). It is best known as pepper spray as it is made from the extract of various types of peppers. It causes a severe burning sensation in eyes, nose, mouth & skin. Also needed is the Scovel Heat Unit (SCU) rating of the pepper used. The SCU rating should be 1.5 million or better. Some police departments report as high as 85% effectiveness in stopping power. Note that still means 15% aren't stopped. It may completely neutralize a person for a period of 15-45 minutes though it may take a couple of seconds to start working. Make sure you don't spray into the wind. Some states have restrictions on carrying and the solution percentage. There are courses on the safe & effective use of sprays.

I've placed this response here in the list for two reasons. First, the defense, while a physical one, does not require coming into contact with the attacker. You can respond to an assault without allowing the attacker too near you. The second reason is a legal one. By responding in a purely defensive way that is designed to keep you out of physical contact, not cause injury, and allow you to get away, you are showing that you in no way wanted the confrontation. By not causing physical injury you are less likely to be sued.

5. Physical force.

Physical force is used when you've been unable to keep an assailant away by the use of the above responses. This is the actual physical side of the martial arts. It has a wide range of responses from simply evading contact up to potentially lethal actions. It allows a person to instantly change the level of response in accordance with the seriousness of the situation. It is also something that you have at all times as opposed to man made weapons.

Martial arts can also help greatly in the use of non-traditional weapons. It can help in enabling you to maneuver up wind of an opponent when using defensive sprays or to have a solid stance if you have to use a firearm.

Since physical force has such a wide range of responses it can also be broken down into its own continuum. These levels of physical force will be listed and explained in detail below.

6. Firearm & other weapons.

The use of a gun is the use of lethal force even if you do not fire the weapon. You must have an imminent, reasonable, and otherwise unavoidable fear of death or grave bodily harm (crippling injury) to yourself or another innocent person before being justified legally, morally, or tactically in using it. You also have to be innocent. In other words you have to show that you did not in any way want the confrontation and did as many of the previous responses as was prudently possible to get out of it and keep it from escalating. It's a bad day, no matter what the outcome, if you have to use a firearm. It can only be used to keep it from becoming a much worse or last day. Training in its safe, effective, and legal use is essential. The National Rifle Association has many good courses on firearms safety & use as well as courses on how to avoid a situation. Some of their courses are specifically designed for and taught by women. Local ranges will often have a Practical Pistol club & women's group. Joining a shooting club is a good way to keep in necessary practice & an enjoyable way to meet people & socialize. Local police agencies may also have safety & use courses available.

Knives are usually considered deadly weapons, especially if they have any size to them. Carrying a large knife can be considered carrying a concealed weapon. They also require you to get close to your assailant. In some ways defending yourself with a knife may appear more vicious or lowly than using a gun. They can be very good in grappling situations though. A smaller lockblade knife with a 3" blade on a keychain might be good and fairly innocuous to carry.

Clubs, collapsible batons like the ASP, and larger flashlights like the Maglites may be more acceptable assuming they are used in a defensive (not offensive) manner. Depending on how one uses them, they too may be considered lethal. Especially with strikes to the head. They can however be used just to subdue in similar fashion as police use them i.e., to strike muscles around legs & arms or using it as a controlling device. Although they give you extra range, you do have to close with your assailant. They can be very useful against an attacker with a knife. The smaller 2-AA battery pocket flashlights can be used as yawara/kubotan sticks.

For all weapons it needs to be especially clear that you used them only defensively. That you had no intention of looking for trouble.

Levels of Physical Force (Physical Force Continuum)

Physical force is the area with which most martial artists are familiar. As stated above, it has a wide range of responses. The definition of the level of force is determined by the level of pain or injury inflicted. It is chosen primarily by what action is needed to keep yourself safe and secondarily by the level of force being used by your assailant.

1.No contact.

This is, quite simply, evasion. It may mean ducking a punch or running away. Hopefully, by showing you won't just freeze and be an easy mark, the attacker will leave and look for a 'good victim'. Don't count on it though. There is a danger of the attacker's intent level rising. He may feel frustrated & the need to be successful to keep his ego intact. Also, being purely defensive does nothing to remove your assailant's capabilities.

2.Non-injuress contact without pain given.

This would include parrying, some captures/traps & controls, and possibly shielding. This may be a transitory response between #'s 1 and 3. It is designed to show that you will not allow yourself to get hurt and will actively resist it if needed. One drawback is that it likely 'reveals your treasure.'* That is, your attacker may see that you have martial arts training. At the same time his physical capabilities have not been decreased. He may now take precautions, change tactics, or grab a weapon to compensate for what he perceives are your abilities, placing you in greater danger. It may also bruise his ego causing him to raise the ferocity or 'intent* level' of the attack.

3.Non-injuress contact with pain given.

Blocking, other captures and controls, joint locks, and again possibly shielding. There may be some bruises but no blood drawn beyond a scratch. This also shows that you will not be an easy mark and that there are consequences to attacking you. It still has the problem, more so, that you are likely revealed as a martial artist but it also gives some stronger 'negative reinforcement' to your attacker. Some decrease in his capabilities may occur from a solid block or a numbing capture & hold. A greater decrease may occur from a strike to the diaphragm knocking the wind out and reducing his ability to get it back.

4.Mildly injurious.

Strikes and controls that cause bloody noses, fat lips, black eyes, pulled muscles and the like. Nothing that wouldn't heal on its own in a few days. At this level, the assailant should get the message that you are willing and able to do what is necessary to prevent yourself from being harmed. This doesn't mean he will stop here though. Ego, peer pressure, & artificial stimulation may inhibit his judgment. Also, though there is some physical damage, the assailant's capabilities still have not been decreased in any large amount.

5.Moderately injurious.

Cracked ribs, broken nose, sprains and strains. These may or may not require some medical attention but they are something that doesn't heal rapidly. This is a serious jump in the amount of damage done. It shows your assailant that he can get seriously hurt by trying to harm you. It needs to communicate to him that this is the last stage before you are forced to physically disable him. Your 'treasure' is almost definitely revealed but it should show that you are holding back a little. Your opponent will hopefully realize that anyone who has the ability to cause moderate injuries can cause severe injuries just as easily.

6.Severely injurious.

Broken arm or leg, broken ribs. These injuries disable, will take some time to heal, require medical attention, and may actually cripple the assailant. It should be noted that, in most states, if force is being used against you that can cause "grave bodily harm" or permanently crippling injury, you are allowed to use lethal force in return. That also means if you use such force unwarranted against another that lethal force could legally be used against you even if your assailant started the confrontation. This level of force should only be used in extreme circumstances in order to keep similar harm from coming to you.

7.Lethal.

Strikes to the throat or spinal column, severe strikes to the head. This level of response can be used only when the same conditions for using a firearm are met. In other words, lethal or crippling force is being used against you and there is no other way for you to avoid it besides the use of lethal force.

The level of physical force is decided by what is necessary to prevent harm to yourself or another innocent person and by the level being used against you. Legally, you can only use force equal to that of your assailants. That doesn't mean you need to match a knife to a knife. If your attacker is using a knife he is using lethal force. That can be responded to with lethal force such as a knife, gun or lethal strike.

With all use of force it is legally (and morally) necessary to maintain your innocence. That means doing as little as prudent to keep harm from coming to you as well as trying to do as much as possible to keep the confrontation from escalating and in fact trying to de-escalate it.

It should be noted here that whatever the level of force allowed, the previous levels are not forsaken. They can be used to support the more serious levels such as a control that allows for a harder strike. The intent level and capabilities of the attacker may also enable you to lower the level of force (and response) that you use.