Techniques Should Be Reasonable and Proportionate to the Threat You Face.
This is an article that Glen had written in the past when training adults and children in basic self-defense techniques. One of the questions that always needs to be addressed in these classes is “When can I use Force to Defend Myself”. Thought not specifically written for the church security team member, there is very valuable information for us. As church security members we are in a “No Man’s Land” between Civilian and Police Officer. We are more inclined to get involved in a tense situation with a potential for violence than a civilian but without the authority of a Police Officer. Understanding Self-defense Reasonableness is critical to our proper and professional conduct.
Self-defense Reasonableness
Self-defense reasonableness helps us understand when the use of defensive force is justified and necessary. When is it appropriate to use force in a self-defense incident? It really depends upon the state you live in. Each state has its own version and idea of what is appropriate and what the law expects you to do.
However, there are two guiding principles used to determine when to use force in self-defense.
Civilians are not afforded the same distinction under the law as police officers. It is expected officers use force to enforce the law, as long as the force applied is necessary and reasonable. However, the law does recognize a person’s right to self-defense, and is often an affirmative defense to the charge of assault.
An example would be if you are confronted by someone, you feel threatened and you punch him in the nose. He falls down and calls the police to report he has been assaulted. You are questioned by the police and admit you did punch him in the nose because you felt threatened by his actions. The cop has his own opinion of what happened and decides to charge you.
Your Day in Court
Your day in court has come and you make the claim you were defending yourself. The judge and jury have questions they want answered before they decide your fate.
What were you doing before the incident?
Did you instigate a confrontation with the alleged victim? Or were you minding your business and he confronted you?
When you use force to defend you or your family, it is difficult to reason through your options in the moment of stress and fear.
Only you know what you believe or feel at the time self-defensive force is used.
Reasonableness and Self Defense
It seems like using self defense techniques to defend yourself should be a no-brainer, you feel threatened and then you do something to protect yourself. Often times the use of force is an automatic response.
This is why self-defense training is so important and vital. You should already be looking out and scanning your area to give you a chance to escape if a threat. The judge and jury want to know why you did what you did, and it is up to you to articulate why you did what you did. Granted, it is a rare occurrence when a criminal, after having robbed you, would call the police to report he had been assaulted or shot during a crime he was committing.
Yet in our lawsuit happy world, it is important you understand what you can do to protect yourself both physically and financially. Reasonableness can best be explained this way. If a judge is looking at the case, did you do what he would do or what he would expect his wife and children to do if their personal safety were threatened?
Were your actions reasonable in light of the conditions you found yourself in?
Did you tell the assailant you wanted him to leave or were things happening too fast and you reacted to the fear you felt?
You have a right to protect yourself against bodily injury, but when you have stopped the threat, it is necessary to stop your defense, make sure he isn’t going to attack again, and get to a place of safety.
Self Defense Reasonableness Example #1
Let’s say you are walking down the city street. Most people are keeping to themselves and avoiding eye contact. You are paying attention to who is around you and notice a young man sitting on a stoop about 30 feet away.
There is too much traffic, so you decide to create distance by walking on the far edge of the sidewalk. You scan the area, and notice he is looking at you. You make brief eye contact and he yells, “What are you looking at?”
You ignore him and he comes off the stoop and walks behind you. You turn around and assume a defensive stance and ask him, “I’m sorry, I didn’t hear you, what did you say?” He appears to be very upset and angry and you notice his hands are clenched as he walks toward you.
Your hands come up defensively and you loudly tell him to stay back and that you don’t want to fight him. He ignores your request and proceeds toward you closing the gap quickly.
Before you have a chance to flee he is upon you and begins hitting you.
What are your options?
What is your responsibility here? Do you have to run away or can you defend yourself?
In this self defense example, your personal safety and personal security are severely threatened, and if you don’t do something immediately, there is a good chance you might be seriously injured.
Most reasonable people in this situation, especially if they are trained, would respond with force to stop the person’s assault against you.
Your counter strikes should stop when they are no longer necessary and the threat has gone away. It is important you do not get into neutralizing the threat and then punishing the threat because this is where your right to self defense ends, and criminal liability may begin.
Self Defense Reasonableness Example #2
You are standing at a bus stop waiting for the next bus, when a young man walks up to you and asks, “Excuse me, do you know when the next bus is coming?”
You reach into your purse or pocket and grab a can of pepper spray. You begin to hose the man’s face down with hot pepper juice as he begins to holler in pain.
He falls to the ground and begins to crawl away. You then reach into your purse and grab the stun gun and fire it up. You reach down and apply the stun gun causing him to yelp in even more pain. You stay there and wait for the next bus to come, get on, and leave the area with the main still writing in pain.
I think most people would agree that this person’s actions are totally unreasonable.
- Where was the threat?
- Were the person’s actions against you threatening?
- Did you tell him to give you space? Did you create space or try to walk away?
- Did the man persist in bothering you, even after being warned?
- Were your actions reasonable or were they a little over the top?
- Were your actions proportionate to the man’s actions?
In this example, it is obvious the pepper spray and stun gun were unnecessary. It would be totally unreasonable to use these self-defense techniques against someone asking for directions.
If you saw him coming, it may be more reasonable to use your voice, tell him to stay back…then his actions toward you could more easily be defined.
Let’s Change Example #2…
Let’s say the same man approaches you, asks if you know when the bus is coming, and you tell him you don’t know.
He invades your personal space, looks around, and then grabs your arm…you realize the question was a ploy to knock your intuition down and get close to you…you feel threatened, so you use self defense techniques by …
Yelling, “STAY BACK, NO!”
He jerks your arm in an attempt to lead you to an area of bushes. You respond by…
- an elbow to the face, smashing his nose…
- a kick to the groin, bending him over…
- a knee to the face, and he falls down.
You then back out of the area and continue yelling, “STAY BACK, NO!”
You run to a storefront and ask the clerk to call the police.
See the difference? The first example was a little ridiculous in an effort to illustrate reasonableness and proportionality. The example of a man approaching you and your use of pepper spray and stun gun were totally unreasonable…
The one little change of invading your space, making contact or saying something to you (come with me, shut your mouth and I won’t hurt you, etc.) opens the door to using self-defense skills.You can use the skills to stop the threat to your safety, and to give yourself the chance to escape…as long as they are reasonable and proportionate to the threat you encounter. Self defense reasonableness means you use defensive force only when necessary to stop an immediate threat to your personal safety, and you only use enough force to stop the attack whereby allowing you the opportunity to escape.
The force used must be proportional to the threat you face. If someone is trying to take your life, then deadly force would be reasonable and proportionate.If someone is trying to abduct you, self-defense reasonableness considers your belief they will hurt you, rape you or kill you. You may use self-defense techniques against this person to stop the attack by causing injury to the attacker to stop the event from happening.Events must be judged from the perspective of a reasonable person who is under attack and is faced with rapidly evolving circumstances where he/she faces risk of serious physical harm or death.Understand that even police officers self defense techniques are investigated and if deemed inappropriate or unreasonable, they face criminal and civil liability. You should expect your actions to be equally scrutinized under the law. Using the concept of self-defense reasonableness will help you avoid problems when defending yourself.
The best method of self-defense is to completely avoid a situation of having to fight back in the first place. Increasing awareness and avoidance skills can do this.
