66 minutes | Jul 5, 2020

008 The Force Continuum and Totality of Circumstance

In episode #8 Jay and Mike discuss a recent broad daylight shoot-out in suburban Washington DC.  As a result of the recent "defund the police" movement, the guys talk about the nebulous concept of de-escalation and how things move along the Force Continuum during dynamic lethal force situations.  These ideas lead not to defunding but the necessity for more training.  For the armed citizens, the guys get into the concepts of "Totality of Circumstance", cessation of threat, and disparity of force so everyone can understand some of the requirements that must be met during a lethal force encounter with a criminal threat. Questions or Comments? Podcast@latentforce.com   Be sure to check out our website www.latentforce.com Links for this episode: Space Force - Netflix https://www.netflix.com/title/81021929   Washington DC shoot-out - Video A popular Memphis rapper named CEO Bezzal was shot and killed in Washington, DC https://www.youtube.com/watch?v=K3RiJxu-yKU   Firearms Safety Rules https://latentforce.com/styled-2/styled-26/   Tech 9 used in the shoot out https://en.wikipedia.org/wiki/TEC-9   The Force Continuum https://nij.ojp.gov/topics/articles/use-force-continuum   MILO System - Judgemental Use of Force https://www.faac.com/milo-range/simulators/milo-range-theater/   Police Academy - Movie https://www.youtube.com/watch?v=1e_9GirqmoI   Taser International https://www.taser.com/   De-Escalation concepts https://www.forcescience.org/2020/03/realistic-de-escalation/   Bill & Ted's Excellent Adventure - Movie https://www.youtube.com/watch?v=rph_1DODXDU   Ultimate Training Munitions (UTM) - Force on Force Training https://utmworldwide.com/products/man-marker-round-mmr/   Phoenix Pastor Jarrett Maupin - Force on Force Lessons https://www.policeone.com/use-of-force/articles/video-anti-police-protester-undergoes-use-of-force-scenario-training-ucSt7LklFGBrQ8F9/   NYPD - Officer Count and Pay https://citylimits.org/2015/04/14/the-nypd-has-more-cops-than-45-states/ https://www1.nyc.gov/site/nypd/careers/police-officers/po-benefits.page   Cessation of Threat Simply put, you are (or may be) entitled to use deadly force against a criminal attacker only as long as they present a threat.  Once the threat has ceased - by their flight, surrender, or inability to continue the attack - so must your use of deadly force. This is a state-specific topic. You must know the requirements in your area that allow you to use deadly force in defense of yourself or others.  Find the info you need for your state here: https://www.lawserver.com/tools/search-results?qry=use%20of%20force%20in%20defense%20of%20self%20or%20others   Elements of Force - AOJP Concept Ability, Opportunity, Jeopardy and Preclusion must exist to justify the use of deadly force https://useofforce.us/3aojp/   Duty to Retreat https://www.usconcealedcarry.com/blog/what-is-a-duty-to-retreat-law/ In many jurisdictions, you have a duty to retreat from a confrontation before you can legally use deadly force to defend yourself.  If you can escape or evade safely then you must attempt to do so.   The Totality of the Situation When faced with a critical defensive encounter, you must assess the totality of the situation so that you may respond appropriately.  Like all things self-defense related, they may be different in your state so be sure to find out what applies in your area.  Several circumstances to consider: Age, physical size, fitness level, skill level, numbers, weapons, injury/exhaustion, a position of advantage, special knowledge, seriousness, aggressiveness, intoxication/drug use, propensity for violence, innocents in the area, and the ability to summon aid or assistance. Stranger vs Non-Stranger - Violent Attacks https://www.bjs.gov/index.cfm?ty=tp&tid=941 https://www.bjs.gov/content/pub/pdf/cv18.pdf Violent Crime - Homicide, Rape, Sexual Assualt, Robbery, Assault, Stalking/Intimidation Violent Crime by Stranger 2018 - 2,493,750 Violent Crime by Non-Stranger 2018 - 980,280 Total Violent Crime 3,474,030 Non-Stranger Violent Crime 2018 - 28.2%   Liar Liar - Movie https://youtu.be/9jN35EKIbuM   Awareness - Col. Coopers Color Codes https://www.breachbangclear.com/cooper-color-code/   https://www.amazon.com/Principles-Personal-Defense-Jeff-Cooper/dp/1581604955   Disparity of Force It is reasonable that a disparity in the age, gender, physical size, fitness, or skill level of individuals involved in a confrontation may or may not dictate the use of deadly force.  Again, this is different in many jurisdictions, so know the laws in your location. https://gallagherdefense.com/2020/06/01/disparity-force-self-defense/   Elderly NY Women Attacked - Video https://www.foxnews.com/us/nyc-shoving-suspect-woman-92   Harold Fish Flagstaff, AZ - 10mm Ammunition https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=4266 Fish's conviction for killing a homeless man with a history of dangerous violent behavior and mental instability who attacked Fish while hiking on a remote trail, was obtained through a jury trial by stressing that Fish overreacted, through choosing to use the increased stopping power of 10 mm hollow-point bullets. State law in Arizona has subsequently been changed, such that the state now has the burden to prove that a self-defense shooting was not in self-defense, whereas the burden previously, before the Fish incident, was that the shooter on trial had to prove that the shooting was in fact, done in self-defense. The conviction has since been thrown out by the Arizona Court of Appeals. http://www.nbcnews.com/id/15199221/ns/dateline_nbc-crime_reports/t/trail-evidence/ And this juror was disturbed by the type of bullets Fish used. Elliot: The whole hollow point thing bothered me.  That bullet is designed to do as much damage as absolutely possible.  It’s designed to kill. And the jury had another issue to think about: Fish’s gun. The firearms investigator said that Fish’s gun — a 10mm — is more powerful than what police officers use and is not typically used for personal protection. And the ammunition Fish used to shoot Kuenzli three times, called “a hollow-point bullet,” is made to expand when it enters the body.   Dynamic Combative Solutions - Dave Laird www.dcs.training  
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