Free Web space and hosting from freehomepage.com
Search the Web

Archives

Key Articles

#Techniques or Principles - A Students Dilemma by Bob Orlando
#Martial Law? - Police Unarmed Defensive Tactics by Officer Brian Ware
#Changing Priorities by Officer Brian Ware
#Striking First in a Street Fight by Sammy Franco
#ALERT Issue No. 3 Use-Of-Force Tactics and Non-Lethal Weaponry

Return to Home Page


Techniques or Principles - The Student's Dilemma

By Bob Orlando
http://www.orlandokuntao.com/portus.html

(Updated from the original article with the same title, published in Karate/Kung Fu Illustrated, August 1991, pp.16-19. Reproduced with permission of Bob Orlando 07 June 2001)

Return to the list of Key Articles

Introduction

    There is a tendency among martial artists today to maintain a lengthy list of techniques: 100 punch counters; 200 grab counters; 50 club counters; multiple knife, kick, and throwing counters; not to mention the untold counters for more exotic weapons -- a technique for every occasion. The problem with this kind of thinking is that every new situation often requires the addition of another new technique. Perhaps past masters saw a similar trend because the Chinese word chuan fa (kenpo in Japanese) seems to address this very problem. Chuan fa and kenpo have been translated variously as fist way, fist law, and so on, but the best translation into English is actually "fighting principles" (see Translation notes below.)

    That's "fighting principles," not "fighting techniques." Unfortunately, most of us do not study fighting principles. Too often, we study (and teach) techniques rather than principles. Fighting techniques are not the same as fighting principles (actually, good techniques demonstrate the principles). Too many practitioners today believe that "the more techniques I know, the better fighter I will be." In reality, nothing could be further from the truth. Moreover, fighting principles encompass more than just our techniques and methods of attack and defense; they also include our opponent's. His direction, speed, distance, and angle of attack frequently dictate our responses.

Techniques

    Most of us realize that fighting is dynamic. Despite this, we still pursue every technique that comes along believing we need to have at least one technique for every possible situation. How many of us have gone to seminars straining to learn in detail, and later recall, every technique we were shown? Even if we could recall them all, how many of us actually absorb the underlying principles behind the techniques demonstrated? Most of us could not. Most of us can only remember the smallest fraction of all the techniques to which we have been exposed, even if we practiced them. This is because we try to look at every technique with a microscope when we really should be using a telescope.

    We need to stand back and see what a given technique is trying to accomplish. Instead, we try to put our hands exactly where the instructor put his, holding them exactly as he did. We do the same with our feet, the height of our stance, and on and on. We attempt a micro view of a macro process. The micro view is necessary but it must be carefully balanced with the big picture.

    Beginning and intermediate students need a lot of "put your foot here," "hold your hand like this," and "bring your knee up at this angle." This is a necessary part of the learning process. As the student moves up in knowledge and skill, however, the amount of time spent on details like these should diminish, and he should eventually come to a point where greater emphasis is placed on how to evaluate technique to see the under lying principle. (This assumes, of course, that the student is being taught techniques designed to demonstrate and reinforce sound principles.)

    This is not to say that techniques are only for beginners. They are not. As teaching tools, techniques serve all students -- beginning through advanced. The problem is that too many students today are required to learn and memorize many times more techniques than are really necessary. One instructor recently said there were more than 400 techniques in his system. I know another who claims 250. Why?

    Techniques are not to be memorized as part of a long list. Rather, they should be used as a means to an end -- a vehicle to bring the student to an understanding of the principles involved. Techniques provide hooks for the students to hang the principles on, so a certain number of them are necessary. However, considering the finite number of ways you can manipulate the human body, there is no reason for any system to maintain and perpetuate hundreds of them.

    To grasp the underlying principle of any technique we have to change our thinking in two ways. First, we must realize that every technique can be broken down into basic movements. Basic movements are like the letters of the alphabet. From a knowledge of the letters and how they are used and combined, we make words. From just the 26 letters in the English language more than half a million words can be formed. Furthermore, language is dynamic; alive. Words become obsolete. New words are constantly being made. But, the underlying letters do not change.

Principles

    Fighting is equally dynamic and alive. It changes with every generation. Techniques become obsolete. New techniques are constantly being developed. The underlying movements, on the other hand, rarely change. You don't think so? Consider this. Raise your right arm. That is a movement. Is that movement an upward block or a strike with the forearm and hand? It can be either. Its application determines what it is -- or as we often say, "What it does determines what it is."

    Another example: Bring your right hand to a position beside your right ear. Is this a protective maneuver or a vertical elbow strike? Are not the movements identical? Again, the application of the movement is the determining factor. In an upward arm movement, like the one just described, how much difference does it make if the hand is formed in a fist or a chop? Most of the time, when learning a fighting principle, it makes very little difference. (It may make a difference in the specific technique, but not usually in the principle.)

    This brings us to the next change that must occur in our thinking. Armed with the concept that a given technique is made up of basic movements, we zero in on the technique's objective. Is the goal to send your opponent flying 10 feet away? Is it to dump him at your feet? To bring him to his knees? Control him? What? Is the objective to place yourself behind him? To place him between you and another? To strike as a setup for another move? Here we take a broader look at the technique. We spend less time on minor intricacies (exact hand and foot placement, width of the stance, etc.) and more on the majors. (Realization of this fact alone greatly improves forms or kata appreciation and practice.)

    For example, in a given form you may not like your hand formed in a fist here or there; you may not even see it as necessary or even practical. But if you can see the purpose of the basic movement (the major), then you can live with the fist (the minor) and move on to understanding the underlying principle. You can say to yourself that in the absence of an actual opponent, your hand is formed as a fist. If, however, there were an arm there, you might hold your hand open, or bent this way or that. Breaking a technique down into it basic movements, then, leads to an understanding of the technique's underlying principle.

The Attack

    The same rules regarding techniques also apply to attacks. For example, how many different ways can a right hand come at you? "Hand" is emphasized because it might be a fist, a slap, or be holding a weapon. There are really only so many ways that the hand can come -- crossing, straight, over the top, uppercut, whatever. Obviously, allowances are made for variances in angle, but still there are only so many ways that hand can come. Likewise, kicks can come from outside. straight in, over-the-top, up from the ground, etc. And again, there are minor variations in angle, but, like the hand, there are only so many ways that a foot can come at you. Train to recognize this smaller number of movements and quit thinking that, 'if he does this, I'll do this. If he comes with that, I'll have to ...' The problem with having too many techniques is that they clutter your thought processes. Too many choices means too many decisions.

    In a computer, the toughest instructions are those which make decisions. They take the most time to execute and require more of the machine's resources. In this respect, the human brain is no different. Our brains may be more sophisticated than the world's fastest computers, but it is still the decision-making process that takes all the time. By learning general principles rather than specific techniques, we need to make fewer decisions in reacting to a situation. Moreover, because there are far fewer principles to learn, assimilation and subsequent development of spontaneous repetition are greatly accelerated.

Mastering the Principles

    When practicing self-defense techniques, focus on the basic movements and principles of defense (response to an attack). Likewise, use the technique to analyse and understand the basic movements and principles behind your opponent's attack. In other words, take the macro view. If, on the other hand, you are preparing for a belt testing or attending a seminar addressing the finer points of traditional shotokan forms, then the micro view is the goal. The "put your foot here," "hold your hand like this," and "bring your knee up at this angle" become very important. But beyond situations like these, don't fall into the trap of seeking to learn hundreds of techniques in the hope of being a better fighter or more capable martial artist. Realize that with a thorough understanding of movement and principles of movement you can create hundreds of your own techniques. There is an old Chinese proverb that says something like, "I can give you fish and feed you today, or I can teach you to fish and you can feed yourself today and tomorrow." Learn to look for basic movements in techniques and you will be well on your way to understanding fighting principles. Master the principles and you master the techniques.
 

Translation Notes

    In Japanese it is pronounced kenpo, in Mandarin Chinese, chuan fa, and in the Hokkien Chinese dialect, kuntao. Regardless of how it is pronounced, all of these words come from the same Chinese characters and all have been translated variously as fist law, fist rule, fist way, and way of the fist. Using Hepburn's Japanese and English Dictionary, a long-standing authority on the Japanese language, the word kenpo is made from two Chinese characters: ken and ho. Ken, translated literally means "a game played with the hands." Ho means "rule" or "law." When these two simple characters are combined, they change. Ken and ho become kenpo.

    The literal translation of these two characters, then, is a game played with the hands, and "rule" or "law." But, as with most languages, literal translation is woefully inadequate. Take the case of the computer translating program that attempted to translate Russian technical journals into English. Since it could only translate literally, it completely missed the mark when it translated the Russian term for a "hydraulic ram" into "water goat." "Fist way" and "fist law" also miss the mark (although not as dramatically). If we move beyond the literal translation of "rules of a game played with the hands" [rearranged] we come to "boxing principles." "Fist law," "fist rule," and "fist way" are all acceptable, but "boxing principles" better captures the characters' real meaning.

    One more refinement, however, will bring us still closer. Substitute the word "fighting" for "boxing." We do this because, to the Western mind, "boxing" carries a hands-only connotation, where in Asian martial arts "boxing" naturally includes both hands and feet. Substituting "fighting" for "boxing," then, removes that "hands-only" connotation, yielding "fighting principles" as the best translation of this term.

©Copyright Bob Orlando, 1999
All rights reserved

Reproduced with permission May 2001




Return to Home Page
http://www.OrlandoKuntao.com
E-mail: Bob@OrlandoKuntao.com
Last update: March 30, 2001
by Bob Orlando


Return to the list of Key Articles

Martial Law? Police Unarmed Defensive Tactics

By Brian Ware. A police officer, qualified Unarmed Defensive Tactics Instructor and a martial arts student since 1973, who now studies Wing Chun Kung Fu with sifu Steve Hazell of the United Kingdom Wing Chun Kung Fu Association.

Brian Ware can be contacted by e-mail: BLW1956@AOL.COM


Return to Home Page

Contents

Part 1 Introduction

Part 2 Conflict Resolution Model

Part 3 Approach and Positioning

Part 4 Movement

Part 5 Tactical Communucations

Part 6 Empty hand Skills

Part 7 Defensive Blocking Skills

Part 8 Control Techniques

Part 9 Ground Fighting

Part 10 Conclusion

INTRODUCTION

With the increase in popularity of TV programmes such as Martial Law with the skilful and personable Sammo Hung and predecessors such as Walker Texas Ranger starring Chuck Norris, there isn’t a Cop film which reaches the silver screen without the star exhibiting a dazzling display of competent martial ability and flexibility which would leave the incredible rubber man envious!. But how does this fit the reality of the cop on the street, or in particular the British Bobby.

First living in a society which prides itself on its traditional values we are inclined to overlook progression and the changes that occur through evolution, in essence there hasn’t been the ‘Bobby’ on the beat since before Dixon of Dock Green took his long overdue retirement from the small screen. Secondly the system of Beat policing has long since fallen into decline having been replaced by mobile sector or area policing, this forms part of the structure of society and the whole Crime and Disorder debate which we are not here to consider, it does however set the scene for the society which needs to be policed.

When I first joined the police service in the mid seventies the extent of the ‘self defence’ and arrest techniques were expected to be mastered in several half day gym sessions from a PTI dressed in the compulsory track suit bottoms and white vest and comprised of several wrist and arm locks to be used as come-along-holds with a few basic self defence ‘moves’ including disarming the obligatory villain armed with a pistol, a technique which if I remember correctly failed to install any confidence at all other than the guarantee of injury to one or both parties while practicing the move. In those days baton training related to the old style police truncheon and was satisfied with words of advice from the PTI stating “Never aim for the head, aim for the shoulder and remember if you hit him on the head say you were aiming at his shoulder”.

I remember training with Mike Finn in the late seventies at the Elite Martial Academy in St.Oswalds Place, Vauxhall, Mike himself a former police officer with the Metropolitan and City forces had several students within his group who were serving police officers, one who was an Instructor at the Metropolitan Police College Hendon, even then Mike was actively involved in attempting to educate the Home Office of the woefully inadequate training available to police officers, it is a testament to Mike’s determination and conviction of his beliefs that he was able to continue to pioneer Officer Safety Training despite the frustrations and bureaucracy experienced when attempting to deal with Government departments and their inhabitant Civil Servants.

Long gone are those days and the police service has moved on. Partly due to the continuous pressure applied by individuals and the slow process of education, through all forms of the media it became understood and in someway accepted that police officers face, often on a daily basis excessive forms of assault, from verbal aggression to violent and often planned physical attacks. In such situations the only preparation and appropriate way to combat and reduce such behaviour is by adequately training a officers’ response. Over the years various systems have been considered mainly based on Ju-jitsu and Aikido styles leading to the trial and implementation of Tai-jutsu, although these systems undoubtedly have effective techniques when introduced to organisations such as the police service where further training is of a limited nature their effectiveness becomes greatly reduced. The requirement for Instructors to be reassessed to qualify annually also led to an unacceptable level of injuries due mainly to the lack of continued physical conditioning and over enthusiastic application of techniques during assessments.

CONFLICT RESOLUTION MODEL

The Unarmed Defensive Tactics system now taught to police is by far the best to date, inasmuch that not only does it teach easily learnt techniques with a low injury potential they offer a realistic alternative for officers to attempt lower levels of control with the ability to escalate accordingly to achieve compliance where necessary, in addition to the physical aspect of the training it provides a comprehensive Conflict Resolution Model which covers the three interactive areas :- a) Profiled Offender Behaviour b) Reasonable Officer Responses c) Impact Factors

These can be broken down accordingly:

PROFILED OFFENDER BEHAVIOUR

Compliance

Offender offers no resistance

Complies with officer request

Verbal resistance and Gestures

Offender refuses verbally to comply

Exhibits body language indicating non-compliance

Passive Resistance

Offender sits/stands still and will not move

Active Resistance

Offender pulls away or pushes officer

No deliberate attempt to strike or injure the officer

Aggressive Resistance

Offender fights with officer – kicking/punching, wrestling, biting etc.

Serious or Aggravated Resistance

Any assault where there exists the possibility of great bodily harm or death

Includes the production of a weapon by offender

REASONABLE OFFICER RESPONSE OPTIONS

Officer Presence

Includes method of approach

Uniform or plain clothes / pronouncement of office

Tactical Communications

Can be verbal or non-verbal (i.e. uniform presence)

Can be with or without batons

Primary Control Skills

Use of empty hand skills

Use of handcuffs

Use of baton for restraint techniques

Secondary Control Techniques

Incapacitant sprays if available

Defensive Tactics

Blocks / Strikes / Takedowns

With empty hands and batons, followed by control techniques

Deadly Force

Any action which may cause serious bodily injury or death

Empty hands or baton skills

Firearms

IMPACT FACTORS

The officer’s choice of the use of force option is based on their perception of all the circumstances.

Factors in addition to offender behaviour which may influence the officer’s response include but are not limited to:

The techniques taught to achieve the maximum success with relation to the Conflict Resolution Model are therefore, Easy to learn, Easy to remember, Effective for smaller persons against larger persons / females against males and useful to persons no longer in their physical prime. In the past many techniques have been martial arts based. Unfortunately many police officers do not devote the hours of training necessary to maintain the required skill level. Additionally many martial arts do not provide the goal to be achieved – control without major injury. Therefore the police system of empty hand tactics has been formulated to be simple and to have a lower injury potential and techniques contained within this system are more specific to policing needs and easier to perform, with minimal training, allowing an officer to gain and maintain control of a resistant or potentially resistant subject.The inclusion of techniques has required a combination of the maximum potential for control with a minimum injury potential.

APPROACH AND POSITIONING

Having completed and understood the classroom element of UDT namely the Conflict Resolution Model the officer is ready to begin the practical aspect of the training. This begins with Approach and Positioning, aimed at reducing the possibility of assault or injury to the officer while enabling a position and approach which allows a tactical advantage without making other persons feel threatened or uncomfortable. During this element of the training the officer learns about the Fighting Arc (See Figure 1), a 90% arc in front of the body in which people have a high degree of natural fighting skill, and Proxemics, the distance between themselves and a potential aggressor, the reactionary gap of less than six feet which makes it extremely difficult to defend against a spontaneous assault.

{short description of image}

Tests have shown that a gap of twelve feet can be covered in less than a second!, and how by using good approach and positioning combined with tactical communication skills officers are able to maintain a reactionary gap of six feet without alienating people. A further area which is added to positioning is that of proper stance. This stance is easily recognizable to martial art practioners with the dominant (or strong side) back, feet shoulder width apart with knees slightly bent and weight evenly distributed. In this one of two stances taught the hands are brought above the waist in a non-threatening but tactically advantageous manner.(See Figure 2)

{short description of image}

The second stance (See Figures 3 & 3A) is a higher profile with the arms raised palms facing out in a defensive gesture, which allows for fast natural blocking or striking but at the same time permits the officer to attempt tactical communication with the aggressor even though the arms are forming a barrier between the two.

{short description of image}

The strong (dominant) hand may remain at belt level if access to defensive equipment is required. (Figure 4)

{short description of image}

Where in the past all techniques were taught as static activities it is now recognised that self defence and the ability to control a subject depends on the officers mobility, and this is taught with the following factors in mind:

MOVEMENT

Officers are shown how the whole body is used in defensive and control situations, how movement can be forwards, backwards, laterally to the strong side or laterally to the weak side.

The method of movement is taught with several basic movements, the first, the ‘Shuffle Step’ is readily familiar with any Wing Chun Kung Fu student as the Arrow Walk, and involves the officer adopting a defensive stance and sliding his front foot forward, as momentum moves him forwards he slides his rear foot forwards to re-assume the defensive stance, at all time ensuring his weight is concentrated to the rear to reduce the risk of having the lead foot swept from beneath him. The shuffle step is taught both forwards and backwards and research has shown that the shuffle step allows much faster controlled backwards movement than merely walking or trying to run backwards. From this the officer is taught lateral movement, using the same principle of the foot nearest the intended direction leading the way. Lateral movement is taught to both strong and weak side with the officer adopting a defensive stance. An alternative to the lateral shuffle is a Forward or Rear Pivot, this is performed by the officer having formed a defensive stance quickly turns on the ball of his weak (leading) foot outwards and rapidly sweeping the strong foot forward, as momentum carries the officer forward he rotates his body and ends in a position with his strong foot forward. The officer may wish to return to a defensive stance with the weak leg leading and this can be achieved by either completing another forward pivot or he may pivot backwards.

While teaching patterns of movement these should be practiced with combinations utilizing blocks and palm heel strikes (Punches used to form part of the UDT curriculum but have now been removed to lower the risk potential to the subject and the officer who may have small or weak wrists and suffer fractures as a consequence.) Students are taught in pairs with one reacting to movement from the other, this enables students to learn to react to visual cues and not the Instructors verbal commands. During the exercise students must continue to verbalize as they move. This is an area which will be alien to most students but will be explained in the next paragraph on Tactical Communications.

TACTICAL COMMUNICATIONS

Communication skills are an integral part of the police defensive tactics system, with experts worldwide believing that in excess of 90% of incidents of physical violence could be avoided with good communication skills. The concept of crisis communication skills an be briefly explained with the following three perspectives:

1. Prior to physical engagement

2. During the encounter

3. Following the incident with control achieved

1. Prior to the Encounter

When an assault appears imminent change the dialogue to shorter one or two word phrases STOP – GET BACK – STAY BACK. Volume should also increase dramatically to add impact to the message. Should the situation escalate to the use of physical techniques following this line of communication any witnesses will have had their perception of what is taking place enhanced with a clear understanding that the officer(s) had attempted to resolve the situation without using physical force.

2. During the Encounter

The officers actions must obviously take priority but if possible loud, simple and clear messages should be given STOP FIGHTING – STOP RESISTING – STOP KICKING This again helps with witness perception and could aid in any defence of the officers actions in court.

3. Following the Encounter with Control Achieved

This is the stage where it is of utmost importance to show the ability to de-escalate, lower the volume and attempt to calm and reassure the offender, particularly if you have lowered them into a prone position or brought them under control by using pain. Tell them “Relax it’s over” and “Calm down, stop struggling” also tell them what your next steps are going to be, tell them that you are going to handcuff them or you are going to stand them up. Such information gives the offender the opportunity to comply and assist the officer in his actions.

An important Impact Factor which has to be considered at this stage of training is Stress Reactions for Officer Survival. When involved in stressful or threatening situations animals suffer particular physical reactions, humans are no different. Modern research have recorded over 150 changes which occur in such situations, some of these are:

Adrenalin surges

Increase in heart rate / circulation

Increase in respiration rate

Increase in muscular tension

Reduction in the peripheral field

Reduction in decision making ability

Reduction in fine / complex motor skill ability

Auditory exclusion

Perceptual distortions

While these are just a few of the stress reactions which occur, all have a significant bearing on a officers ability to defend himself. Only through preparation and training can reaction times be improved and by awareness of the physical changes in the body under stress can panic be prevented. The police system of empty hand skills has therefore, been designed around motor skills which are simple, require little decision making and are enhanced by increased heart rate and muscular tension presenting a system which is both usable and effective in stressful confrontations.

EMPTY HAND SKILLS

When teaching police empty hand skills the following three areas must be taught and fully understood:

1. Identification of body weapons (the parts of the body used to apply force)

2. Identification of body targets (the areas of the body to apply force to)

3. Method of application –

Touch pressure – pressure point control

Striking and Blocking

Compliance holds

Pressure Point Control is used to overcome low level resistance. Persons offering passive resistance can often be controlled by the use of such techniques. Pressure point control can also be effective in separating people who are fighting or struggling with each other. The pressure point techniques used are limited to the head and neck areas and are readily accessible. Light touch pressure causes transitory discomfort leading to compliance, if light touch pressure is ineffective quick penetration techniques may be applied, causing a mental stunning effect lasting 3 to 7 seconds. With all the pressure point control techniques the body weapon used will be the finger or thumb tips. While applying these techniques the officer should give loud repetitive verbal commands – LET GO, LET GO - STAND UP, STAND UP. It is extremely important that the subject is made aware of what the officer requires him to do and has the opportunity to comply and thereby avoid the further application of force.

Where lower levels of control have been attempted and proved unsuccessful or are inappropriate against an aggressive assault, officers may use striking techniques to achieve control. Such techniques can also be referred to as distraction techniques, as their purpose is to distract an attacker / offender by causing:

Balance displacement

Mental Stunning – lasting 3 to 7 seconds

Weakening of motor action

Transitory discomfort

Motor dysfunction – lasting for 30 seconds to several minutes

The sole purpose for such techniques are to overcome resistance and achieve control and never for punishment. Because strikes are powerful, impacting more energy the potential for injury increases and only by choosing correct target areas can the injury potential be minimised. Primary target areas for empty hand strikes consist of nerve motor points, which enhances effectiveness for control potential while at the same time reduces the chance of injury to the subject. As these target areas are soft tissue the risk of injury to the officer striking is also greatly reduced, also being nerve motor points, which can cause temporary motor dysfunction, the effectiveness of the strike is not based on pain compliance. This being useful when attempting to control a person who is drunk or under the influence of drugs whose threshold to pain has been artificially raised.

Primary Target Areas:

Suprascapular

Bicep

Median and Radial Nerves

Lateral Femoral

Anterior Femoral Nerve

Common Peroneal Nerve

Tibial Nerve

If use of the primary target areas proves ineffective or are judged to be inappropriate the officer may select the Secondary Target Areas. Caution must be exercised as these areas have a higher injury potential and the use of such force will require more justification in line with offender behaviour and impact factors.

Secondary Target Areas:

Face

Knees

Ankles

Wrists

Elbows

Groin

Striking these areas can cause substantial, possible long lasting or permanent damage to joints and connective tissues. The risk of injury to the officer striking these areas is also increased.

When all the target areas already mentioned have proved ineffective or the circumstances are so extreme that those areas are judged by the officer to be inappropriate he my have to resort to the Final Target Areas.

Final Target Areas:

Eyes

Throat

Spine

Striking these areas can cause serious and even fatal results. As such officers must be able to justify striking such a target with all the evidence required for a deadly force response.

As with all empty hand systems different parts of the body can be used to strike the target areas. Within the police empty hand system these parts are known as Body Weapons, these weapons are instinctive and simple, which maximise performance under stress.

BODY WEAPONS

The Front (Knuckle) edge of fist

The bottom edge of fist

The heel of the palm

The forearm

The knee

The shin

The head

The foot

The elbow

Although as a rule punches have been replaced by palm heel strikes and do not form part of the UDT, as a situation escalates and the violence offered towards an officer becomes more determined, the use of body weapons cannot be restricted and the officer must be free to use whatever means is available to gain control. The method of matching the most suitable body weapon to the target area is taught in the Practical Application section of the training programme and cover the strike, appropriate target areas, technique execution and expected medical implications.

The first practical applications cover those strikes using the leg. Only three strikes are taught for simplicity.

The Knee Strike, a simple strike delivered from close quarters and used to strike the thigh and the surrounding motor points, designed to perform three functions:

1. To stop forward momentum of an aggressive offender

2. To overcome resistance to the escort position

3. To separate an aggressive offender from another person or fixed object

The Sweeping Kick, using the shin as the body weapon, can be used from in front of the subject to strike the thigh or from the side or rear to strike the calf. Officers are taught to ensure that the shin stays in contact with the target area long enough to maximise energy transfer and to use hip rotation to deliver force to the technique. The purpose of the sweeping kick is to stop the forward momentum of an aggressive offender and allow the officer to take control.

The Front Kick, now the preferred kick in the police UDT system uses the ball of the foot as the body weapon and is directed towards the offenders shin and calf area. Used to stop an offenders forward momentum allowing the officer to achieve control it can also be effectively used to block an offenders attempt to kick the officer. Officers are taught to maintain good balance when executing kicking techniques, to maximise energy transfer and to use communication skills – STOP – GET BACK.

The next stage of practical applications involve strikes using the arms, all the techniques in this section require the use of tactical positioning and movement. Strikes using the arms are limited to four simple and instinctive movements:

1. Palm heel strike

2. Punch

3. Bottom Fist

4. Forearm

The Palm Heel Strike is the preferred striking technique of the syllabus due to the reduced injury potential. Because contact is made using the fleshy part of the palm rather than the knuckles the risk of injury to the hand are lessened. Public perception is more acceptable which makes use of such action more defensible. The purpose for using this technique is to stop forward momentum and to distract an aggressor to enable the officer to take control or to re-establish the reactionary gap. The target areas for the palm heel strike are the front upper torso avoiding the centre of chest. The chest and face have now been redefined as target areas which have the highest level of resultant trauma, with effects that can range from serious and long lasting injury, unconsciousness, shock and possibly death. The palm heel strike can be delivered using either or both hands and can be expected to achieve temporary disorientation of the offender, a check or hesitation in forward movement and a change in the offenders thought process. During training, officers use strike pads to allow proper dynamic development and application of this technique.

The Punch has now been removed from the UDT curriculum, but as previously mentioned no technique can be prohibited providing its use is essential and in line with the escalating aggression of a violent offender. The punch which had been part of the curriculum was a straight punch with the officers strong hand. As with the palm heel strike it was directed towards the aggressors upper torso with the intention of stopping forward momentum and causing balance displacement and distraction. The punch when delivered with the right hand was carried out with the left leg forward and the officer in the correct defensive stance. The officer was taught to ensure his fist was tight, it was delivered in a straight thrusting motion utilizing power achieved through hip rotation. As with most striking skills practice was carried out with the aid of strike pads.

The Bottom Fist technique, is easily used by all officers and can be used to separate subjects grappling with each other, to make an offender release their grip on a officer or to release a weapon they are holding. The hand is made into a tight fist with the fleshy bottom of the fist used to strike down in a hammer blow. The technique is used to adversely effect an offender’s ability to maintain their grip by causing motor dysfunction, balance displacement and mental stunning. All target areas may be struck with the exception of the brachial plexus. Depending on the target area the technique can be delivered from the front, side or rear of the subject. As with the sweeping kick officers are taught to allow the body weapon to remain in contact with the target area long enough to allow the maximum transfer of energy.

Only one strike using the Forearm is taught within the police UDT system and is intended for use in overcoming straight arm resistance to the escort position. (See Figure 5)

{short description of image}

It is applied as the prisoner who is being escorted straightens his arm and attempts to pull free to the side, the officer releases his grip on the prisoner’s elbow and swings his arm straight up using the thumb side of the forearm to impact on the inside edge of the prisoner’s bicep, this action is intended to cause balance displacement, distraction, motor dysfunction and weakening of the motor action, allowing a suitable follow up / compliance hold to be used. Officers are taught to recognise and react to resistance (stimulus response) and to ensure maximum energy transfer is allowed. As with all the techniques within the police UDT system officers are reminded to use their communication skills - STOP FIGHTING – STOP RESISTING.

Striking techniques have a higher potential for injury and as such the officer must be able to identify the offender behaviour which is either aggressive or develops into violent resistance or threatens the same and that other methods of control have been used and proved ineffective or were judged by the officer to be inappropriate. Striking techniques should always be defensive options and when aggression or violent resistance ceases so should the use of strikes and be replaced by control / compliance techniques.

DEFENSIVE BLOCKING SKILLS

On perceiving a threat or entering into a potentially threatening situation officers should assume the defensive stance, this stance with both arms raised in front of the body is ideal for instinctive blocking, with the officer able to block threats from any line of attack – high, low, lateral from the strong or weak side. Blocks can be either on the inside or outside of the attackers arm and form the most important staff protection techniques. The inside block is used against an attacker’s strike coming in from the outside of the officer’s guard, usually with a swinging, circular motion and aimed at the side of the officer’s face commonly known as ‘Haymakers’. To perform this block the officer turns the palm of the blocking hand upwards, with the arm bent at an angle of approximately 120% aims to block the attacking arm close to the inside of the elbow, the attacker’s left arm blocked by the officers right arm, and a right attack blocked by a defending left. By executing the technique in this manner the force of the blow is absorbed along the arm of the officer into the body and down into the ground, thus allowing a smaller officer of low physical strength to easily block a powerful strike from a large attacker. At the same time the block is executed the officer moves in towards the attacker moving his body out of the direction of the incoming blow, making the technique safer and stronger, at the same time creating a tactical advantage. The outside block is used when the attack is directed to the inside of the officers guard, usually in the form of a straight punch without any circular or swinging movement. With this type of block the officer is taught to use his palm to block the outside of the attacker’s arm (attacker’s left blocked by officer’s right, and an attacking right blocked by a defending left) at the same time moving in towards the attacker. Having successfully executed this block the officer should be in an excellent position to apply a control or compliance technique to his attacker. While practicing the blocking skills officers are taught counter strikes and application of appropriate control / compliance techniques

CONTROL TECHNIQUES

Control techniques and pressure point control in the police UDT system are known as primary control skills. They are used to maintain control over a resistant prisoner or to bring a non-compliant subject into compliance. Although not designed to cause injury, officers are taught that with all physical tactics there is a risk of potential injury. Only 2 control techniques are included within the system, Both are simple to execute and allow the officer, in the event of continued resistance, to take the subject to the ground quickly and effectively. The techniques are taught to be applied from the escort position but with practice can be used from other angles. The techniques are:

1. Transport wristlock (gooseneck)

2. Entangled armlock (hammerlock)

Before a control technique can be applied to a resistant offender it is essential that the subject is at first distracted. Failure to do this will result in the technique becoming a battle of strength with the strongest winning. To enable the officer to distract the resisting offender 2 distraction techniques are taught, these are:

1. The knee strike to the thigh

2. The forearm strike to the bicep

Distraction techniques used effectively will cause loss of balance, motor dysfunction and mental stunning, together these add to the weakening of resistance making a control technique easier to apply. Loud repetitive verbal commands should be employed informing the subject what is required and offering the opportunity to comply. This can prove advantageous when the subject is drunk. Officers should utilize their tactical communications skills to enlist the subjects compliance and to promote witness perception.

Control techniques should always end with the ability to handcuff the offender as a physical restraint to prevent further violence, in the case of a resisting or aggressive offender it is usually best carried out from the prone position. The transition to the prone position must therefore be smoothly controlled without any opportunity for the offender to escape or escalate resistance. Directing a subject to the prone position is taught from both of the control techniques and a combination of resistance to control. Controlling a resistant or violent offender is a difficult skill, effected by many impact factors which can make control difficult or impossible to achieve, in such a case the officer may have to disengage and escalate to defensive tactics. The effects of alcohol and drugs are emphasised due to the artificial rise in the user’s tolerance to pain, to the extent where control techniques can be applied to the point of causing fracture without achieving control.

GROUND FIGHTING

All the elements of the police UDT system form the foundation for continuation training in the use of the Quick-kuf rigid handcuff and baton techniques. The final section of the UDT to be mentioned is that which covers ground fighting. As with most defensive skills it is accepted that vulnerability is increased when grounded, a situation in which police officers will sometimes find themselves, often with the offender dominating. The fear of being kicked or beaten on the ground possibly with others joining in is paramount. Although this situation offers no tactical advantage there are in fact useful tactical options. In the situation where the officer is on the ground and his attacker is standing, the officer must use his legs as his defensive weapons, by rotating to ensure the legs are facing the attacker, he can utilize kicks to the shins, knees and groin should the attacker advance, at the same time he should raise his arms in a defensive manner to protect his face and head. In the situation where both parties are on the ground wrestling and grappling are not recommended, unless the officer is highly skilled or has considerable upper body strength in which case having gained control of the offender, handcuffs should be applied before the offender is allowed to regain his feet. However, in most cases the appropriate action to be taken is for the officer to use his legs to push the offender away and in so doing create enough space to allow him to quickly regain his feet and achieve the tactical advantage. Although the examples given are mainly in the masculine this by no way implies that these techniques cannot be equally and effectively used by female officers.

CONCLUSION

No defensive system can guarantee the safety of its user and the police Unarmed Defensive Tactics programme is no different. However, by providing skills which can easily be used the chances of officers’ establishing control effectively without injury is enhanced. The techniques within this system have been chosen because they are:

Police officers often operate in a volatile environment, sometimes facing extreme violence and hostility, and as such an officers response cannot be restricted to those techniques contained within this system, if an officer uses a technique not contained within this system it should not be regarded as unacceptable or improper but rather was it reasonable under the circumstances. By using the Conflict Resolution Model officers are given considerable guidance as to what may be reasonable. By following the guidance contained within the police UDT system officers will receive the maximum potential for safety and effectiveness and a powerful defence of their actions in the civil and criminal courts.

Brian Ware can be contacted by e-mail: BLW1956@AOL.COM

Return to list of Key Articles

CHANGING PRIORITIES

ADAPTING FROM CONTROL AND RESTRAINT TO SELF DEFENCE

By Brian Ware

 

(Reproduced with permission of Brian Ware July 2001)


Return to list of Key Articles

Return to Home Page

In this article Brian Ware looks at the question of pre-emptive strikes and can they be legally justified, also the suitability of Control and Restraint Instructors teaching self defence.

Since Combat Magazine(UK) published my last article Martial Law (Vol.27, Issue 2) which covered the Police Unarmed Defensive Tactics programme, I have been approached by various people and groups interested in the principles discussed in the article.

Several have asked whether the pre-emptive strike forms part of the police UDT system and whether a civilian would be entitled to use such a technique.

Firstly, the pre-emptive strike is very much a part of the police system and can equally be used by any member of the public. However, justification would be required in any resulting investigation or court proceedings following such an incident, for this purpose it is necessary to look at the Conflict Resolution Model which is a foundation stone in the police UDT system, by identifying the 'Profiled Offender Behaviour' together with the 'Reasonable Officer/Person Response' as affected by the various 'Impact Factors' it becomes easy to legally justify the defenders actions including the use of pre-emptive strikes.

A particular relevant impact factor is 'Being in a position of disadvantage and the perception of the attacker's ability or willingness to carry out a threat.' The facts which helped formulate your opinion and subsequent action would clearly need to be included in any defence statement, but such an impact factor would certainly help justify a 'Reasonable Response' against the 'Profiled Offender's Behaviour'.

The difference between a Self Protection System based on the police UDT and some other self defence systems is that it provides clear guidelines which help protect the individual after the event where suddenly following their physical ordeal they now find themselves accused of excessive and unreasonable force.

A recent development has been that Officer Safety Instructors from my Force were approached concerning Self Defence training for Local Government staff, in particular those who dealt face to face with the public or were at risk due to the unsocial hours they worked, often in isolated environments, such as parks and open spaces. At first this seemed the perfect arrangement both convenient and a pleasant variation from teaching police officers. Somehow and at short notice arranging the training programme fell firmly in my lap, as I started laying down the fundamentals for the course, certain discrepancies started to appear.

It occurred to me how often in the past have military or civilian unarmed combat instructors found themselves running courses for security personnel in Control and Restraint and how many police control and restraint instructors found themselves teaching women's groups the art of self defence. Before this type of cross training can be correctly implemented the precise goals for each must be identified.

In the case of police and other security enforcement the first aim is to achieve control, either to prevent a crime or breach of the peace taking place or to affect an arrest, whereas a self defence situation demands a more brutal reaction. Instructors in both disciplines must be aware of these distinctions and any restrictions which may exist. What adequately disables a soldier on the battlefield could be wholly unacceptable on the streets of Manchester with little or no legal defence in a Court of Law.

Having said this we also know any person is legally entitled to meet and defeat a threat to their life, but how this is identified and later presented to justify the action taken is more often than not overlooked. Another consideration is the time allocated to this type of training, which drastically controls the range of techniques which can be successfully taught. Unlike Martial Arts Students employees who find themselves sent to a self defence class often have little desire to be there, concerned more with the prospect of showing themselves up or being subjected to pain and discomfort.

A large part of these reservations can be overcome by the attitude of the Instructor by not trying to demonstrate how fit he is at the cost of his students, it must always be remembered as instructors we are there to pass our knowledge to others and not impress those we are there to teach, if after the course your students are impressed, it should be with the simplicity and effectiveness of the techniques and their own ability to perform them.

Having looked carefully at the structure of the police UDT system, I found it consisted of many components which formed an essential nucleus for a legally defensible self protection system in line with today's society and would encompass principles otherwise missing from current self defence programmes. From this concept a one day course started to take shape, adjusted presentations in the 'Justification and Use of Force ' and 'Conflict Resolution and Tactical Communication' models were put together. This it was decided would last no longer than two hours with use of a PowerPoint presentation and together with course handouts it would not only answer the students questions on what they could legally do and help them form a tactical frame of mind, it also helped them get to know their instructors and feel comfortable with their fellow students.

From The Classroom To The Gym

With the academic aspect of the training catered for, it was time to consider the techniques to be used. It was important that the techniques were to be simple to use, easily learnt and could equally be applied by male or female irrespective of age or size.

The Programme A look at the police UDT system, already plagarised for its Justification and Use of Force models, provided the foundations on which to build.

Warm Up Following a sufficient warm up routine, it must be remembered the students will be at all different stages of fitness and the purpose for the exercise is to promote cardio vascular activity and to make limbs supply and help prevent any strain injuries.

Stance Stance and patterns of movement are covered, particular time must be taken to demonstrate the principles of lowering weight, weight distribution and the importance of balance throughout.

Parries As with all self protection systems the student is learning to ward of unwelcomed applications of force directed towards them. To this end the system moves directly into Evasion, Interception and Parry. The use of the term block is avoided because this promotes a stagnant response - stop the punch, now hit back, more often than not the gap between stopping a blow and launching a defensive strike creates an ample opportunity for the attacker to press home his intention, therefore students are taught to parry and strike simultaneously to overcome the attack and take control of the situation.

Kick Defences This part of the training moves on to defence against kicks, these techniques are not designed for use against competent Martial Artists, who for all intents and purposes should have sufficient self discipline to prevent them assuming the role of predator, they are designed for use against the common thug who visualises his victim as little more than a football and should be effective in neutralising the threat and giving the victim superiority.

Pressure Point Control Having moved this far in the course the area of Pressure Point Control is introduced. It is stressed that the opportunity for using any PPC in a self defence situation is extremely limited, and that the Vulcan death grip only has a place in Star Trek. No assailant will be collapsing at your feet following a light application to a secret spot on his shoulder! However, the three PPC techniques taught are limited to the head and neck which require little pressure to achieve compliance, and make the techniques effective for persons with limited upper body strength.

If light touch pressure is ineffective quick penetration techniques can be applied, causing mental stunning lasting 3 to 7 seconds due to the overwhelming sensory input. Again it is emphasised that application of these techniques in a self defence situation are of very limited use and should only be used to overcome low level resistance, but practicing these techniques on each other boosts the students confidence, at the same time making them feel comfortable in achieving a purpose by using force against another. In fact following a recent course I held for a Local Authority the husband of one of the students confided in me, that following the days training his wife insisted on practicing the extent of her newly learned repertoire on him that evening, and despite the bruises he sustained I detected by the spark in his eye that somewhere along the way a transition from Martial Art to Marital Art had been made.

Target Areas and Body Weapons Before moving into the arena of strikes, it is necessary to identify Target areas and the body weapons which can be used, unlike the police UDT system in self protection there cannot be restrictions on Target areas, but the use of punching is deleted from the programme for exactly the same reason it has been from the police UDT, to prevent hand or wrist injury to an unskilled student.

Students are taught to hit with the palm, elbow, forearm, knee and finger strikes to vulnerable areas. To develop confidence in striking techniques the use of strike pads are introduced, working in pairs students have the opportunity to actually strike an opponent and feel their own power. Through this method students are helped to understand the meaning of power penetration.

In selecting the strikes to be included in the programme, techniques were selected from various Martial disciplines again for their simplicity and overall effectiveness. Anyone having studied Ju Jitsu, Aikido or Wing Chun will not find these techniques particularly alien. As the student practices their physical response to aggression the benefits of tactical communication are introduced, both as a means to attract attention and also to establish without doubt the clarity of the prevailing situation to bystanders.

Ground Work It is inevitable that in some instances the victim will find themselves taken by surprise and be grounded, although this presents one of the most dangerous places to be, the student is taught the basic principles of defence from being on the ground both from an attacker who is standing and also from the attacker who is also on the ground often with the intention of overpowering his victim.

Break Free Techniques With the course having moved fully into a physical mode, it now moves onto 'break free techniques' a total of seven techniques are shown each relying on a similar principle and therefore easily remembered and practiced by the student.

Finishing Off The final stage progresses into the area of 'finishing strikes' which are taught in combinations with break free techniques.

Final Points

The aim and objective of the course is to introduce the students to defending themselves by using physical options. The techniques have been carefully selected and are known to work well when the performer is under pressure. The course is carefully designed to build the student's confidence both in their physical ability and also establish firmly the justification and legality of their actions in their minds. There is no guarantee that anyone attending the course will effectively use the techniques taught should the need arise, it is only with confidence and a 100% commitment to defend themselves from unwarranted aggression that the individual will succeed, but if only several techniques are mastered and subsequently used with good effect by an attendee who has been selected as a victim, then the overall course must be warranted a success. Additionally the hardest fact to accept and one which must be stressed to the student is that when they are chosen to be the victim, they have absolutely no say in that decision, but they do have a choice in changing the outcome of that decision, but it has to be remembered any attack will result in some injury, it is hoped that by being in a position to defend oneself it will reduce the extent of the injury and enable the victim to become the victor.

Brian Ware is a police officer and Qualified Officer Safety Instructor, who trains in Wing Chun Kung Fu with Sifu Steve Hazel. Together they have developed 'Self Protection Systems' which is a training programme available to private students and corporate bodies from the basic one day course described above to more advanced training packages.

For further information and club and corporate rates contact Brian Ware by E mail on BLW1956@AOL.COM or Steve Hazell on steve.hazell@blueyonder.co.uk


Return to the list of Key Articles

Return to Home Page

Striking First in a Street Fight
By Sammy Franco

http://www.sammyfranco.com

(Reproduced with permission of Sammy Franco June 2001)

Self-Defense practitoners are always looking to improve their odds of surviving a self-defense situation. We will spend hundreds of dollars on equipment, travel all over the world seeking expert instruction and train their bodies until the point of exhaustion. However, one of the most important and often neglected aspects of street survival is mastery of CFA's First Strike principle.

CFA's First Strike Principle
CFA's First Strike principle states the following: Whenever you are squared off with a dangerous adversary and there is no way to safely escape, you must strike first, strike fast, strike with authority, and keep the pressure on. This offensive strategy is essential to the process of neutralizing a formidable adversary in a street fight. A first strike is defined as the strategic application of proactive force designed to interrupt the initial stages of an assault before it becomes a self-defense situation.

One inescapable fact about street combat is the longer the fight lasts, the greater your chances of serious injury or even death. Common sense suggests that you must end the street fight as quickly as possible. Striking first is the best method of achieving this combat objective because it permits you to neutralize your adversary swiftly while at the same time precluding his ability to effectively retaliate. No time is wasted and no unnecessary risks are taken.

The element of surprise is invaluable. Launching the first strike gives you the upper hand because it allows you to attack the adversary suddenly and unexpectedly. As a result, you demolish his defenses and ultimately take him out of the fight.

Don't Get Confused
Do not confuse the first strike principle with the single attack methodology. The single attack (AKA "simple attack") is one of the five conventional methods of fighting conceived by Bruce Lee whereby the fighter delivers a solitary offensive strike or it may involve a series of discrete probes or one swift and powerful strike aimed at terminating the fight. Whatever the strategy, the single attack is clearly unsuitable for street self-defense.

First, in a volatile street fight, what sense does it make to remain uncommitted to the adversary? I can assure you that you cannot neutralize an opponent by lingering at the perimeter of the encounter. Rather than toying around with single probes and other "feelers", you must commit yourself 100 percent with the most effective flurry of blows appropriate to the ranges, angles and use of force justification that presents itself.

Second, you cannot afford to gamble that one perfectly executed kick, punch or strike will end the street fight. Do not get me wrong - it is not that it cannot be accomplished. I know for a fact that a powerful and accurately placed blow can end a street fight. However, single strike victories are few and far between.

The first strike principle, however, is much different from the single attack because it is a constituent of your overall compound attack. It is not predicated upon one isolated strike. Your pre-emptive strike is just one of the many offensive blows that shower your opponent.

BEWARE! Do not be a defensive fighter in a street fight
A defensive fighter is one who permits his adversary to seize and maintain offensive control in a fight. Beware! this defensive mindset can get you killed in street combat. Simply put, allowing your antagonist the opportunity to deliver the first strike is tactical suicide. It is like allowing a gunslinger to draw his pistol first. Never forget that in unarmed combat, if you permit the adversary to strike first, he might injure or possibly kill you, and he will most certainly force you into an irreversible defensive flow that can preclude you from issuing an effective counter attack.

Employing the first strike principle requires an offensive mentality that compels you to act rather than react. You must be aggressive and take affirmative and absolute control of the situation by making all the decisions and acting immediately without apprehension or trepidation.

Unfortunately, some martial art instructors teach their students to wait for their opponent to make the first move. This can be a BIG MISTAKE! In the mean streets of America, this reactive type of approach will get you a one way trip to the city morgue.

There are also self-defense practitioners who are simply too timid to take the initiative and attack first. Many will not strike first because they simply do not know how to successfully execute a preemptive strike. While others are uncertain about the legal requirements and justifications. As a result, they second guess their instincts, hesitate, and end up kissing the pavement. Therefore, it is imperative that you have a basic understanding of the legal requirements of launching a preemptive strike in a self-defense situation.

First Strike Justifications
The most difficult aspects of the first strike principle is exactly when can a martial artist strike first. Well, since every self-defense situation is going to be different, there is no simple answer to this question. However, there are some fundamental elements that must be present if you are going to launch a preemptive strike.

First, you must never use force against another person unless it is absolutely justified. Force is broken down into two levels: lethal and non-lethal. Lethal force is defined as the amount of force that can cause serious bodily injury or death. While non-lethal force is defined as an amount of force that does not cause serious bodily injury or death.

Keep in mind that any time you use physical force against another person, you run the risk of having a civil suit filed against you. Anyone can hire a lawyer and file a suit for damages. Likewise, anyone can file a criminal complaint against you. Whether criminal charges will be brought against you depends upon the prosecutor or grand jury's views of the facts. Nevertheless, I can tell you that if you are trained in the martial arts, a jury of your peers will hold you to a much higher standard of behavior.

Second, the first strike principle should only be used as an act of protection from unlawful injury or the immediate risk of unlawful injury. If you decide to launch a preemptive strike against your adversary, you had better be certain that a reasonable threat exists and that it is absolutely necessary to protect yourself from immediate danger. Remember, the decision to launch a preemptive strike must always be a last resort where all other means of avoiding and defusing violence have been exhausted.

Does A Reasonable Threat Exist?
To determine if a reasonable threat exists, you must accurately assess your situation. Assessment is the process of rapidly gathering and analyzing information and then accurately evaluating it in terms of threat and danger. In general, there are two factors to assess before launching a first strike: the environment and the adversary. Let us start with the environment and its related elements.

THE ENVIRONMENT
Since a street fight can occur anywhere, you must quickly evaluate the strategic implications of your environment, which is made up of your immediate surroundings, such as a street corner, parking lot, football stadium, golf course, grocery store, gas station, the beach, etc. There are six essential factors to consider when assessing your environment. They are: escape routes, barriers, makeshift weapons, terrain, positions of cover, and positions of concealment. Let us take a look at each one:

1. Escape routes. These are the various avenues or exits that allow you to flee from the threatening situation safely. Some possible escape routes are windows, fire escapes, doors, gates, escalators, fences, walls, bridges, and staircases.

2. Barriers. A barrier is any object that obstructs the assailant's path of attack. At the very least, barriers give you some distance and some time, and they may give you some safety - at least temporarily. A barrier, however, must have the structural integrity to perform the particular function that you have assigned it. Barriers are everywhere and include such things as large desks, doors, automobiles, dumpsters, large trees, fences, walls, heavy machinery, and large vending machines.

3. Makeshift weapons. These are common, everyday objects that can be converted into offensive and defensive weapons. Like a barrier, a makeshift weapon must be appropriate to the function you have assigned to it. You will not be able to knock your assailant out with a car antenna, but you could whip it across his eyes and temporarily blind him. While you could knock your assailant unconscious with a good, heavy flashlight, you could not use it to shield yourself from a knife attack. Makeshift weapons can be broken down into the following four types: a) striking, b) distracting, c) shielding, and d) cutting.

4. Terrain. This is a critical environmental factor. What are the strategic implications of the terrain you are standing on? Will the surface area interfere with your ability to fight your adversary? Terrain falls into one of these two possible categories: a) stable terrain- principally characterized as stationary, compact, dense, hard, flat, dry, or solid ground, and b) unstable terrain - principally characterized as mobile, uneven, flexible, slippery, wet, or rocky ground.

5. Positions of cover. A position of cover is any object or location that temporarily protects you from the assailant's gunfire. Some examples include large concrete utility poles, large rocks, thick trees, an engine block, the corner of a building, concrete steps, and so on. Positions of cover are important not only because they protect you from gunfire but because they buy you some time and allow you to assess the situation from a position of safety. When choosing a position of cover, avoid selecting the following objects because bullets can penetrate them: a) internal doors, b) small trees, c) car doors, d) all glass windows, e) dry wall, f) tall grass, g) trunk of your car, h) overturned tables, i) trash cans, j) shrubbery, and k) fences.

6. Positions of concealment. These are various locations or objects that allow you to hide from your adversary temporarily. Positions of concealment are most commonly used to evade engagement with your assailant(s), and they permit you to attack with the element of surprise. Positions of concealment include trees, shrubbery, doors, the dark, walls, stairwells, cars, and other large and tall objects. WARNING: Do not forget that positions of concealment will not protect you from an assailant's gunfire.

THE ADVERSARY
Before launching your first strike, you must assess the source of danger. Who is posing the reasonable threat? Is it someone you know, or is he a complete stranger? Is it one person or two or more? What are his intentions in confronting you? Pay very close attention to all available clues, especially nonverbal indicators. Your answers to these important questions will shape your overall tactical response. There are five essential factors to consider when assessing a threatening adversary: demeanor, intent, range, positioning, and weapon capability.

1. Demeanor. What is the adversary's outward behavior? Watch for both verbal and nonverbal clues. For example, is he shaking, or is he calm and collected? Are his shoulders hunched or relaxed? Are his hands clenched? Is his neck taut? Is he clenching his teeth? Is he breathing hard? Does he seem angry, frustrated, or confused? Does he seem high on drugs? Is he mentally ill or simply intoxicated? What is he saying? How is he saying it? Is he making sense? Is his speech slurred? What is his tone of voice? Is he talking rapidly or methodically? Is he cursing and angry? Remember that all of these verbal and nonverbal cues are essential in accurately assessing the assailant's overall demeanor and adjusting your tactical response accordingly.

2. Intent. Once you have assessed the adversary's demeanor, you're in a much better position to assess his intent. In other words, why is this person confronting you? Does he intend to rob or kill you? Is he trying to harass you? Is he seeking vengeance for something you have done? Or is he a troublemaker looking to pick a fight with you? Determining the assailant's intent is perhaps the most important assessment factors, but it also can be the most difficult.

3. Range. Range is the spatial relationship between you and your adversary in terms of distance. In unarmed combat, for example, there are three possible ranges from which your adversary can launch his attack- kicking, punching, and grappling ranges. When assessing your adversary, you'll need to recognize the strategic implications and advantages of his range immediately. For example, is he close enough to land a punch effectively? Is he at a distance from which he could kick you? Is he in a range that would allow him to grab hold of you and take you down to the ground? Is he within range to slash you with a knife or strike you with a bludgeon? Is the assailant moving closer to you? If so, how fast? Does the threatening assailant continue to move forward when you step back?

4. Positioning. This is the spatial relationship between you and the adversary in terms of threat, tactical escape, and target selection. In street combat, it's important to understand the strategic implications of the assailant's positioning before and during the fight. For example, is he standing squarely or sideways? Is he mounted on top of you in a ground fight? Or is he inside your leg guard? What anatomical targets does the adversary present you with? Is he blocking a door or any other escape route? Is his back to a light source? Is he close to your only possible makeshift weapon? Are multiple assailants closing in on you? Is your assailant firing his gun from a position of cover or concealment?

5. Weapon capability. Always try to determine whether your adversary is armed or unarmed. If he is carrying a weapon, what type is it? Does he have an effective delivery method for the particular weapon? Is he armed with more than one weapon? If so, where are they located? There are four general points of concern when assessing the assailant's weapon capability, including hand/fingers, general behavior, clothing, and location.
a. Hands/fingers. When strategically scanning your adversary for weapons, quickly glance at his hands and all his fingertips. Can you see them? Is one hand behind him or in his pockets? If you cannot see his fingers, he could be palming a knife or some other edged weapon. Remember to be extremely cautious when the assailant's arms are crossed in front of his body or when he keeps his hands in his pockets.
b. General behavior. How is the assailant behaving? For example, does he pat his chest frequently (as a weapon security check)? Does he act apprehensive, nervous, or uneasy? Or does he seem to be reaching for something? Is your assailant's body language incongruous with his verbal statements?
c. Clothing. What the assailant is wearing can also clue you in on what he may be concealing. For example, is the assailant wearing a knife sheath on his belt? Could there be a knife concealed in his boots? At other times you may have to be a bit more analytical. For example, is your assailant wearing a jacket when it is too hot for one? Could it be to conceal a gun at his waist or shoulder? Could he be concealing a gun or edged weapon.
d. Location. Does the assailant seem suspiciously rooted to a particular spot? Or is he running back to his car, possibly to get his gun? Is he close enough to grab that beer bottle on top of the bar? How far is the assailant from a makeshift weapon?

Don't Stereotype Your Adversary
It is important to consider that the person you must strike first may not fit your stereotype of a dangerous adversary. I know of several people, for example, who erroneously imagine that they will be confronted by a "typical scumbag" - a loathsome, contemptuous, male of another race. But what if your adversary turns out to be a clean-cut, business executive of your own ethnic background who menacingly waves his fist in your face? Will you be able launch a first strike without trepidation?

Resolve Moral Issues Now
Before you decide to execute a first strike in a street fight, it is very important that you raise and resolve moral issues concerning the use of a pre-emptive force in defense of yourself and others. Do your religious or philosophical beliefs permit you to launch a preemptive strike? Could you take the life of another in defense of yourself or a loved one? As a law-abiding citizen, the law clearly gives you the right to defend yourself under certain circumstances. Can you accept that, or does the possibility of a justified first strike induce moral doubts in your mind? If you have any apprehension or your conscious precludes you from initiating a preemptive strike then do not attempt to do it. Let me remind you that executing a first strike requires a particular type of psychological and emotional makeup - it is not for everyone!

For more information about the first strike principle, read my book, First Strike.

Good luck and train hard!

Sammy Francohttp://www.sammyfranco.com © 2001 Contemporary Fighting Arts. All rights reserved.


Return to the list of Key Articles

ALERT

Issue No. 3

A PERIODIC TRAINING GUIDE PROVIDED COMPLIMENTARY
TO PROSECUTION AND LAW ENFORCEMENT AGENCIES


USE-OF-FORCE TACTICS AND NON-LETHAL WEAPONRY



ALERT is a periodic training guide provided without cost to the law enforcement community. Previous editions have addressed Vehicle Searches and Interrogations and Confessions. In this paper, we look at some of the major use-of-force issues and controversies facing law enforcement personnel. The debate concerning specific tactics of non-lethal weaponry is more than theoretical; the relative merits and criticisms of these have been the subject of extensive litigation, with contradictory views expressed in the classrooms by police trainers and in the courtrooms by opposing expert witnesses.

The Progression of Force

Law enforcement officers are permitted to use the degree of force that is reasonably necessary to accomplish their lawful objectives and to overcome any unlawful resistance. The progression of force can be depicted graphically, such as the Confrontational Continuum developed by Kevin Parsons, Ph.D. and similar models developed by others.Footnote 1 These models describe what have often been vague policies on this subject. Such models are also useful in litigation; they explain to the jury why an officer responded in a particular fashion. They also give the jury a standard by which they can judge whether the use of force was correct.

The usual first step is verbal persuasion; the second is manual escort. If unsuccessful or inappropriate, the next step is pain compliance. Usual methods of pain compliance include the wrist lock, arm bar or other "come-along" technique. It is only when mechanical control methods are ineffective (or not appropriate) that the force applied escalates to the use of impact weapons.

The principal police impact weapon is the baton. It is the intermediate step between hand-applied force and the ultimate force of firearms. It should be noted that most police trainers will consider it a poor practice or even negligence not to issue and train officers with a baton (except those few departments whose officers are not armed at all). The alleged negligent act is allowing officers to escalate from hand-holds and pain compliance directly to deadly force, when the application of a greater degree of non-lethal force would likely have accomplished the objective of overcoming resistance.

Certain circumstances may warrant an accelerated reaction using a higher degree of force when initiating a contact with a violent or dangerous person. Combative behavior or the influence of alcohol, drugs or controlled substances (such as PCP) could justify greater force in the initial stages.

How Control Techniques are Measured

On the one side is the likelihood of gaining control of an individual; on the other is the likelihood and extent of injury. In general, techniques which have a high propensity for causing tissue damage, hematoma or clotting and have a low potential for control should be rejected. Conversely, methods or weapons that have a low likelihood of causing injury, but a high potential for control, should be encouraged.

Parenthetically, it should be noted that some trainers have suggested that any device is suitable for use if a training program and certification accompany that weapon. Many court cases have demonstrated the fallacy of that view. While compliance and control training is an absolute necessity, injuries or death may still occur because of the human factors of misapplication, miscalculation, and excessive strength.

The 'But-For' Argument... Failure to Assess Alternatives, Too Hasty a Response?

Often a law enforcement officer is placed in a situation where he must resort to the use of a weapon in defense of himself, fellow officers, or a citizen. If litigation follows the event, an expert may testify that the officer failed, in the initial stages of the contact, to de-escalate or avoid the confrontation, and that the ensuing and predictable injury or death could have been prevented by:

(a) different or improved training in the use of psychological persuasion, or

(b) the initial avoidance of conflict with the combatant -- that is, the officer should have kept distant in a secure position until reinforcements or specialists arrived on the scene.

In this way, superior officers (such as the chief, sheriff, or director of training) may be held personally liable for a tragic event, even though they did not directly authorrize the officer's action or conduct, and were not present at the time it occurred. Such is the nature of the tort of administrative negligence.

IMPACT WEAPONS

In 1987 the International Association of Chiefs of Police (IACP) surveyed 2,914 police agencies, most of which were in the U.S.Footnote 2 A series of questions related to the types of weapons issued or permitted; the percentage of agencies that had approved each weapon mentioned is indicated below:

  • 89% 3 to 6 cell flashlights
  • 16% Saps, blackjacks or sap gloves
  • 75% Night sticks
  • 54% PR-24 batons
  • 50% Mace (chemical irritants or tear gas sprays)
  • 15% Stun guns

AELE does not approve or disapprove of the use of any of these per se. We have attempted to list some of the major strengths and weaknesses of each of these, to assist the law enforcement community in decision-making in this controversial area.

The Flashlight

STRENGTHS

  1. It is usually readily available, especially at night; it is considered standard equipment.
  2. It does not give the outward appearance of an offensive weapon.
  3. It can be used with minimal reaction time, if held in one's hand.
  4. The light can temporarily disorient or impair the sight of an opponent.
  5. It is "effective" as an impact weapon, in that it will deliver a heavy blow.

WEAKNESSES

  1. Manufacturers are reluctant to approve or endorse the use of their flashlights as impact weapons. One manufacturer stated that "... it would be irresponsible to use a flashlight for striking, jabbing or other offensive moves... Our company has never advocated the use of the flashlight as a weapon, nor to our knowledge has any responsible flashlight manufacturer." FOOTNOTE 3
  2. Flashlights have too short a reach for effective use as a tactical weapon.
  3. Flashlights provide a slower response than batons; the recovery time is not rapid enough.
  4. Flashlights have sharp edges that will cut a person.
  5. Multi-cell lights are very heavy; a blow to the head can be fatal or cause permanent paralysis.
  6. An officer who carries a weighted flashlight and a baton will be reluctant to drop his light and pull the baton. If the officer does discard the light, it could be used as a weapon against him. He may therefore strike the offender with the light (which is already in his hand) instead of using the baton, as he was trained.

LITIGATION EXAMPLES

  1. A Los Angeles man recovered a jury verdict of $1,250,000 from a flashlight blow to his head during a scuffle, following a routine traffic stop for having a loud muffler.Footnote 4
  2. A Pennsylvania woman and her mother recovered $175,000 for dizzy spells resulting from a flashlight blow.Footnote 5
  3. A Virginia man received a judgment of $1,500,000 to compensate him for speech impairment and paralysis, following a flashlight blow received during a DUI traffic stop.Footnote 6
  4. A Minnesota man was awarded $35,000 in punitive damages against an officer who struck him with a flashlight at a tavern disturbance; his injuries were minimal (only $2,000 in compensatory damages were awarded). Footnote 7
  5. A Michigan man received $200,000 for his injuries and another $250,000 in punitive damages against a police officer who broke up a bar fight. The plaintiff proved the officer struck him in the face with a flashlight, breaking his noses. Footnote 8
  6. Because officers are trained not to strike a person in the head with a weighted flashlight, there is the risk of criminal prosecution of officers who, under stress, react with a blow to the head of the resisting person. In such cases, the indictment may be for a felony (assault with a deadly weapon).Footnote 9

Blackjacks, Saps, and Billies

In years past, many officers carried, in their back pockets, a blackjack made of stiff leather, a sap or similar weapons. A billy is a short stick, like a truncheon.Footnote 10 The use of these weapons has generated controversy in recent years.

STRENGTHS

  1. They are readily concealable weapons, of low cost.
  2. They are easily carried, and are lightweight.

WEAKNESSES

  1. They are too short to be an effective weapon.
  2. They have sharp edges.
  3. Many saps have loops, which constrict an officer's hands.
  4. Because of the flexible nature of the design, they fail to generate enough shock waves to be effective.
  5. They tend to be used with facial/head blows, with the same kind of trauma associated with flashlight injuries (see above).

LITIGATION EXAMPLES

  1. A federal court in Washington refused to dismiss a suit against the chief of the D.C. Police Dept. by an injured man for allowing officers to carry blackjacks without adequate training. Footnote 11
  2. A Connecticut man was awarded $227,500 for head injuries caused by an officer-inflicted blow with a pocket-sized stick; $100,000 was in punitive damages against the city for the negligent failure to provide adequate training. Footnote 12

The Baton

The typical baton is a round stick of various lengths, and is made of hardwood, aluminum or plastic composite materials.

STRENGTHS

  1. It is a lightweight weapon, and inexpensive.
  2. The public is accustomed to seeing police officers and security guards routinely carry them.
  3. It has greater reach than blackjacks, short billies or flashlights; it has greater utility and flexibility as an impact weapon.
  4. A blow with a baton can immobilize a combative person; it can disarm him if he is carrying an offensive weapon.
  5. Competent training is available from a multitude of public and private trainers.
  6. The baton can be used as a "come-along" device in some situations.
  7. A baton can be used in a non-offensive blocking fashion, to ward off blows or to push back an attacker.
  8. Manufacturers recommend their products as impact weapons.

WEAKNESSES

  1. They are cumbersome, and therefore, are often left in the car.
  2. They are not concealable, and are not well suited for plainclothes officers.
  3. They are often in the way when an officer is running.
  4. They can be lost if they fall from a belt ring, and create a hazard.
  5. It is difficult or impossible to avoid head strikes in all cases, particularly in combat situations. Although intensive training minimizes this risk, it cannot entirely eliminate it. Paralysis or death may result, even days later, caused by subdural or bilateral hematoma.
  6. Facial strikes often cause lacerations and substantial blood loss. This impairs the department's public image, when citizens observe blood-splattered injuries on TV news programs, or at the scene of arrest, or while visiting a hospital emergency room.
  7. Departments must periodically retrain officers to maintain baton proficiency.

LITIGATION EXAMPLES

  1. An Illinois man accepted a $127,000 settlement for a skull fracture caused by a baton strike received during a tavern brawl , with police officers. Footnote 13
  2. A Michigan man received $35,000 inpunitive damages, $5,000 for mental anguish and $5,000 for pain and suffering. Officers struck him in the groin and on his back when he assumed a "fighting stance." Footnote 14
  3. Four California residents received $43,000 from officers who broke up a loud party using batons, causing a fractured vertebra and a broken wrist. Footnote 15

The 'Come-along' Hold

Although some agencies train officers in (and some manufacturers advocate) the use of the baton as a "come-along" device, substantial field experience indicates that officers rarely use their batons for that purpose. While trainers are able to demonstrate the use of batons for pain-compliance purposes in a sterile classroom setting, there are marked differences between a static demonstration and the dynamics of a hostile field confrontation. Specifically, officers frequently state they are unable to get a disobedient or resisting person to stand still long enough to properly apply a baton come-along hold.

A cautionary note is in order concerning the training of officers in the use of a baton for come-along holds. In at least one case, a police officer (who was a certified baton trainer) testified in a personal injury suit that it was negligent for an officer to use a side-handle baton as an impact weapon, without first attempting to apply come-along holds with the baton. Another expert witness, who specializes in use-of-force training, testified that it was proper for the defendent officer to initially resort to the use of his baton as an impact weapon, without first attempting compliance with baton-assisted come-along holds. Fortunately, the jury agreed with the second witness, and found no liability against the officer or his employing municipality Footnote 16

Should officers be trained in the use of a baton for come-along holds? If the department provides such training, but officers routinely avoid using the technique, this behavior will be criticized by the plaintiff's lawyer. Opposing counsel will suggest that since officers were and are presently trained in the use of batons for come-along holds, it was negligence not to utilize these holds before employing the baton as an impact weapon.

Thus, a good argument can be made for NOT TRAINING officers in the use of baton-assisted come-along holds, if batons are not routinely used for such purposes in field confrontations. As was previously mentioned, many officers avoid using their batons for comealong holds, because the dynamics of a hostile confrontation make it difficult, if not impossible, to successfully apply these holds to a resisting person. Moreover, many trainers believe that hand-applied pain compliance techniques are tactically superior to baton-applied come-along techniques.

The Baton Design Controversy

In 1974 the traditional straight baton was optionally modified by adding a side handle. The leading manufacturer of side-handle batons publishes training material, and also trains and certifies instructors.Footnote 17 However, many professional trainers continue to prefer the traditional "straight baton.."Footnote 18 Aside from the potential use of a baton for come-along holds, both batons are effective weapons.

Those trainers who prefer the side-handle baton believe it:

  1. generates more power,
  2. is easier to control,
  3. is more versatile, and
  4. is less likely to be seized by an opponent.

Those trainers and officers who prefer the straight baton believe that it:

  1. generates greater fluid shock waves (which inflict more trauma but cause less damage to tissue)
  2. is superior when used in confined locations,
  3. is easier, quicker and more economical to train officers to a satisfactory level of competency,
  4. is no more likely to result in unintended head strikes than the side-handle baton,
  5. has a shorter recovery time (for additional strikes), and
  6. is more effective when used by shorter and smaller officers, particularly the new small-diameter lightweight models.

An expandable model of the straight baton is available, and is particularly suitable for plainclothes and special duty officers. An all-metal tokushu keibo collapsible/extendable baton has been in use by some Japanese police officers since 1966, and is currently issued to members of the Secret Service and U.S. Capitol Police. Japanese experience indicates the weapon is more effective than the wooden baton and causes less bodily harm.

NECK RESTRAINTS

Many neck holds used by officers trace their origin to sport judo. The most traditional restraint is the arm bar which applies pressure with the forearm across the front of the neck. Because this technique cuts off the victim's air supply, it has been widely rejected by police trainers. As with a drowning swimmer, the procedure sometimes precipitates resistance as the person fights for air.

The carotid restraint is taught by many law enforcement agencies. It involves application of the forearm to one side of the neck, and the bicep area of the arm to the opposite side of the neck. The crux of the elbow is positioned at the front of the throat, with particular care so as not to apply pressure to the esophagus.

The (Kansas City) lateral vascular neck restraint is distinctive, in that three levels of control are present. Unlike the carotid restraint which produces unconciousness, this method emphasizes capturing an arrestee's balance, and the application of pressure in an escalating series of steps. The procedure is also characterized by a more dynamic "pull through" application method, than the fixed compression technique of the carotid restraint.

STRENGTHS

  1. Neck restraints are effective, regardless of the size of the officer relative to the person to be controlled.
  2. Unlike batons, the procedure does not require a lot of room for striking distance; it is possible to employ grappling procedures and neck restraint in close contact, in narrow or cluttered premises.
  3. Neck restraints are an attempt to provide "humane" means of controlling combative persons without the necessity of striking them, thus minimizing the risk of broken bones, lacerations and other impact-related trauma.

WEAKNESSES

  1. Neck restraints, if applied improperly, have caused death or paralysis.
  2. Due to the dynamics of a violent struggle, it is often difficult to correctly apply such methods.
  3. Several instances of "unexplained" death have followed purportedly proper application of the technique, unaccompanied by any discoverable physical injuries. This phenomena, known as "custody death syndrome," is not fully understood, and research is still ongoing.
  4. Perpetual and time-consuming training is needed to maintain minimum levels of proficiency.
  5. During litigation, it is difficult to precisely explain to a jury the physiological effects of neck restraint procedures, due to an inadequate base of undisputed medical evidence. Even within the medical community, there are disagreements regarding the mechanism that causes unconciousness.
  6. It is difficult for an officer to monitor and control the amount of pressure applied during the procedure.
  7. Once the restraint has been applied, there is a need to closely monitor the arrestee. This may be impractical when the individual is hooked into a detention facility operated by another agency.

LITIGATION EXAMPLES

  1. A Chicago family accepted a $500,000 settlement for the death of a man who died from a bar-arm hold. The city offered the settlement despite the fact it did not authorize the hold and instead teaches the carotid restraint method. Footnote 19
  2. Claiming a bruise and humiliation, an off-duty California sheriffs deputy received $13,360 after being choked by city police officers who did not know he was a peace officer and believed him to be armed. Footnote 20
  3. A male homosexual received $250,000 for abnormal brain waves, following a choke-hold applied by officers who precipitated a confrontation. The officers observed him kissing a male friend and asked for his ID, which started a verbal confrontation, leading to his forcible arrest. Footnote 21
  4. Responding to a domestic disturbance, D.C. police officers used a baton to apply pressure to the back of a man's neck, while he laid face-down on the floor -- causing death by asphyxiation. Although PCP, marijuana and hashish were found in his system, the jury awarded $950,000 to his estate, widow and daughter.Footnote 22

CHEMICAL AGENTS

Several sprays and gases have been on the market for many years, and are marketed under various trade names. In some states, aerosol tear gas is purchasable by any citizen, and may be lawfully carried. Some states restrict sales and possession to citizens who have taken a four or eight hour training course

STRENGTHS

  1. Tear gas cannisters are inexpensive.
  2. They are lightweight, and easily carried and concealed. They can be used by uniform and plainclothes officers.
  3. Sprays do not require extensive training.
  4. No physical contact is needed.

WEAKNESSES

  1. Chemical agents are not effective on many individuals, especially the mentally disturbed, those who are intoxicated, and persons under the influence of certain drugs.
  2. Some individuals may become more combative when they experience the discomfort associated with chemical irritants.
  3. There is a time lag between application and effect; they may not stop aggressive behavior rapidly enough.
  4. A person with a knife or blunt instrument who has impaired vision from the spray may lash out in an indiscriminate manner.
  5. Some individuals who suffer from pre-existing respiratory problems may experience serious medical problems.
  6. The sprays can seriously irritate and harm one's eyes, unless the eyes are thoroughly washed.
  7. Wind direction can cause the officer to be inadvertently affected by the spray, and make him vulnerable to a potentially fatal attack.
  8. Officers may object to transporting prisoners who have clothing saturated with a chemical irritant.

LITIGATION EXAMPLES

  1. A farmer who was part of an organized farm protest in Washington drove his tractor on a sidewalk. D.C. Police officers threw a tear gas capsule inside, which caused permanent vision loss in one eye. The jury awarded him $400,000. Footnote 23
  2. A federal court in Virginia upheld the use of tear gas on a prison inmate who was vandalizing his cell. The procedure minimized potential resistance to corrections officers who subdued him.Footnote 24

ELECTRICAL WEAPONS

Recent technology has allowed the development of small batteries and improved discharge units. Typically, such devices discharge a high voltage spark (50,000 volts) at very low amperage (0.3 joules). One such hand-held device is pressed against the combatant, who is quickly downed. Another device (the Taser®) fires small darts, connected to wires, accomplishing the same objective at a safer, non-contact distance.

STRENGTHS

  1. These devices are easily carried. They are lightweight and affordable.
  2. Extensive training is not required.
  3. They may be more effective on persons under the influence of PCP and other drugs who do not respond to chemical irritants.
  4. They are especially useful for controlling non-criminal violent behavior, such as persons who are mentally impaired, or under the influence of mind-altering substances.
  5. It may be unnecessary to resort to firearms to control a person armed with a knife or blunt instrument. The Taser® is effective at distances of up to 12-15 feet.
  6. The Los Angeles Police Dept. has extensive experience in using the Taser®, beginning in May of 1980. As of early 1987, the L.A.P.D. possessed 550 Taser®s and had employed the device 775 times.Footnote 25

WEAKNESSES

  1. There are allegations the electrical spark can cause scars or burn marks.
  2. Long-term medical studies are non-existent. In a California study of 218 persons stunned with the Taser®, three persons died--although these individuals may have perished from the effects of PCP. Footnote 26
  3. The spark can cause a fire hazard if flammables are present. In Ontario, California, a man soaked with gasoline was incinerated when officers shot him with a Taser®.
  4. Hand-held devices have been misused to produce discomfort, when administered by sadistic officers.
  5. Media and constituent representatives have labelled the devices as "cattle prods," associated with civil rights demonstrations in the Sixties.
  6. The manufacturers of electrical weapons may be unwilling to provide testimony or litigation support services.
  7. They may not carry product liability insurance at the time the suit is filed, or the policy may not be effective for the period when the device was manufactured or sold.

LITIGATION EXAMPLES

  1. A federal civil rights suit filed in Atlanta complains a Stun Gun "burned permanent, ugly, disfiguring scars into the flesh of the plaintiff's body." The suit alleged the "brutal attack" caused pain, suffering, mental anguish and public humiliation.Footnote 27 The cost of defending such suits must be considered before electrical weapons are issued or authorized.
  2. A Federal Court in Nevada ruled for prison officials in a suit brought by an inmate who objected to the use of the Taser® to control obstreperous prisoners. The court upheld a prison regulation that allows the use of the Taser® or stun guns when inmates refuse to vacate their cells. The court said the weapons are more suitable than batons, and would inflict less discomfort on others than tear gas. Footnote 28

RECOMMENDATIONS

  1. Collect and preserve all brochures and other literature published by the manufacturer and distributor for each type or model of weapon purchased.
  2. Create a written memorandum-style record of any conversations with sales personnel concerning the merits of their product, its suitability for specified purposes, and any statements made which are intended to alleviate your questions concerning civil liability; attach a copy of the memo to the purchase order for the product.
  3. Insist on receiving a photocopy of the products liability insurance policy issued to the manufacturer and/or distributor.
  4. Require vendors to provide a list of all former and pending claims and litigation against the product under consideration, including names of legal counsel and the result or status of each claim.
  5. Ask your legal counsel to consider a third-party claim against the manufacturer and/or distributor of any product which is the subject of a claim or lawsuit against your agency or personnel.
  6. Don't wait for a lawsuit before preparing your defense. The time to line up expert witnesses in support of a particular weapon or tactic is now. If possible, get written recommendations from any consultants used, and a committment from each consultant that he will appear in court to defend his recommendations, if necessary.
  7. Law enforcement administrators should unhesitatingly initiate disciplinary action against subordinate officers who carry or use unauthorized weapons (or who use unauthorized control techniques), even if otherwise appropriate or excusable under the particular circumstances. Disciplinary action should fit the offense and eggregiousness of the conduct; in some cases, a written reprimand will be sufficient, in others, more severe action is warranted. The failure to administer cautionary discipline can itself predicate the liability of a law enforcement agency. It will be easier for plaintiffs counsel to prove that superior officers knew (or should have known) such weapons or techniques were likely to be used in the instant case.

CONCLUSIONS

The use of force and weapons by law enforcement officers is one of the most visible and controversial aspects of policing. It is likely to remain so.

A law enforcement agency must carefully choose the various devices and techniques it will authorize for the protection of its officers and the public. In making policy decisions in this area, an agency should consider existing court decisions and litigation trends.

No matter what policies an agency adopts, the use of force by officers should be carefully monitored on a continuing basis. An agency should not hesitate to alter its policies when circumstances so indicate.

In our efforts to continually assist the law enforcement community, AELE welcomes comments, information and suggestions. We are especially interested in lawsuits, verdicts and testimony by expert witnesses.

********

This document was co-authored by an experienced police defensive-tactics instructor and an attorney who specializes in law enforcement liability research. It was formally reviewed by two outside legal counsel; one is an instructor at a nationally prominent university-based police training center, and the other serves as chief legal counsel to a large police agency. It was also reviewed by a trial lawyer who has more than 20 years experience in defending police use-of-force lawsuits.

This paper does not attempt to raise all of the strengths or weaknesses of any non-lethal weapon or control tactic. The litigation examples merely illustrate the kinds of civil actions that have been brought against law enforcement agencies and personnel; they are not intended to discourage the proper use of any accepted defense or control tactic, method or commercially marketed product. AELE has provided this summary as a starting point for the ongoing discussion and debate over the weapons, techniques and tactics described herein.

FOOTNOTES

  1. The Confrontational Continuum model developed by Kevin Parsons and Associates was copyrighted in 1980. Dr. Parsons is a nationally prominent police training provider, and has testified as an expert witness in more than fifty lawsuits alleging excessive force by law enforcement personnel.
  2. IACP 1987 Annual Law Enforcement Survey: Executive Summary, 55 (I) The Police Chief 38 [at 39] (January, 1988); Gaithersburg, MD.
  3. Statement of George Hoffman, President of L.A. Screw Products Police Equipment Division in a letter to the editor of Police Product News, replying to an article in the November, 1980 issue entitled Dueling Flashlights.
  4. Wyche v. City of Los Angeles, 103 L.E. Liab. Rptr. (AELE) 4, Super. Ct., Los Angeles, Co. Cal. (1980); the city dropped an appeal and paid the plaintiff.
  5. Steinnagle v. Frazer, 124 L.E. Liab. Rptr. (AELE) 3, Cm. Pls. Ct., Bucks Co., Pa. (1/8/83).
  6. Wellington v. Daniels, 125 L.E. Liab. Rptr. (AELE) 3, modif. 127 L.E. Liab. Rptr. (AELE)4, Civ. No. 81-208-NN (E. D. Va. 1982); the city was dismissed from the suit on a motion for judgment N.O.V. because the municipality did not provide the flashlight and there was no evidence the city allowed the officer to carry it. A single instance of excessive force does not create a "policy or practice" under Monell v. Dept. of Social Services, 436 U.S. 658 (1978). See City of Oklahoma City v. Tuttle, 105 S. Ct. 2427 (1985).
  7. Melina v. Chaplin, 112 L.E. Liab. Rptr. (AELE) 5, Dist. Ct., Hennepin Co. Minn. (1981).
  8. Arnold v. Pydyn, 159 L.E. Liab. Rptr. (AELE) 5, U.S. Dist. Ct. (E.D. Mich. 11/24/85).
  9. People v. R.C S., Los Angeles County Superior Court No. A-781184 ( 1987),
  10. For a legal definition of a billy or blackjack, see Annotation, "What constitutes a 'bludgeon, 'blackjack,' or 'billy' within meaning of criminal possession statute," 11 ALR 4th 1272 (1982).
  11. Hardeman v. Clark, 593 F. Supp. 1285 (D.D.C. 1984). 1
  12. Ieva v. Stamford, 110 L.E. Liab. Rptr. (AELE) 11, U.S. Dist Ct. (D. Conn. 1981).
  13. Van Ham v. City of Aurora, 131 L.E. Liab. Rptr. (AELE) 3, U.S. Dist. Ct. (N.D. I11. 1983}.
  14. Shulick v. Floyd, 113 L.E. Liab. Rptr. (AELE) 4, U.S. Dist. Ct. (W.D. Mich. 1981).
  15. Lopez v. Grant, 111 L.E. Liab. Rptr. (AELE) 4, Super. Ct. Santa Clara Co. Cal. (1981).
  16. Fronk v. Meager, No. Dak. Supreme Ct. No. 870085, -- N.W. 2d -(N.D. Dec 29, 1987).
  17. See The Monadnook PR-24 "Prosecutor", a training manual by Richard R. Starrett, Monadhock Lifetime Products. Fitzwilliam NH. Lib. Cong. Cat. No. 76-6768 (1976).
  18. See The Koga Method: Police Baton Techniques, by Robert K. Koga and John G. Nelson, Glencoe Press/Macmillan Co., Beverly Hills CA, Lib. Cong. Cat. No. 68-19201 (1968).
  19. Nethery v. City of Chicago, 136 L.E. Liab. Rptr. (AELE) 3, Cir. Ct., Cook Co. Ilk No. 81-C 2911 (1983).
  20. Stevens v. City of Los Angeles, I11 L.E. Liab. Rptr. (AELE) 12, Super. Ct., Los Angeles Co. Cal. (1981).
  21. Barlow v. City of Long Beach, 145 L.E. Liab. Rptr. (AELE) 3, Super Ct., Los Angeles Co. Cal. (1984).
  22. Utley v. Dist. of Columbia, D.C. Super. Ct. No. 1558-83, 29 ATLA Law Rep. 32 (1986).
  23. District of Columbia v. Colston, 468 A. 2d 954 (D.C. App. 1983).
  24. Greear v. Loving, 391 F. Supp. 1269 (W.D. Va. 1975).
  25. "Los Angeles P.D. finds Taser® stunningly effective," Torrance Daily Breeze, reprinted in PORAC News (Feb. 1987), p. 13
  26. "Study Finds Safer Than Guns: King Hospital Doctors Compare Outcomes of Victims," Los Angeles Times, Jan. 16, 1986), Part V, p. 22.
  27. [Nancy Moore] Smith v. [Officer P.L.] Wood et al, U.S. Dist. Ct. No. C86-1152A (N.D. Ga., filed 6/19/86).
  28. Michenfelder v. Sumner, 624 F. Supp. 457 fat 463-4] (D. Nev. 1985).


Research funding for this document was generously provided by MARKEL SERVICE, INC. Law Enforcement and Public Officials Liability Insurance Underwriters and Brokers

Copyright by Americans for Effective Law Enforcement, Inc. Permission to reproduce or republish, but not for profit is granted provided appropriate credit is given AELE.


Return to Home Page

Return to list of Key Articles