I started this one a few weeks ago, but it seems timely to move to the front of the list. Nothing to follow is legal advice, if you want to use this tool, research the DHS Use of Force Model and study it fully from there. This is just to get you started on the education path.
I learned use of force a few times in my military and law enforcement career. The Border Patrol is the only one who was able to explain it in a way that was usable. So, I will share what they taught. They had a simple three-sided triangle of:
- Means
- Opportunity
- Intent
Means The actual ability to cause you or someone else harm. For example, I am carrying a handgun on my person, or knife, rock, club, car, I am three times your size, or I am telling you how much I love jujitsu and snapping people’s bones. The actual tool or ability to cause harm.
Opportunity This is usually a proximity issue. I cannot call you from three states away and say I will shoot you. I cannot shoot you from three states away. If I show up to your location I become a threat. If I am in a parking lot with only a car between us then pull a gun, the opportunity is real. The tool, even if only mere strength and skill, must be close enough to cause the tool to be effective.
Intent The threat must be a threat. You must believe they want to hurt you with the tool they have and are in proximity to you with. The chef at the hibachi grill is standing two feet away with a sharp knife. He is cooking me food and putting on a show, not trying to hurt me. I carry a gun all the time and am in proximity to others. I have zero desire to use it anywhere other than the range. If, however, someone point a weapon at you, threaten you, exhibit preattack indicators, have just hurt someone else and turn towards you, say they are going to hurt you, etc. then intent seems real to you in the moment.
Fear usually is a component when force is being used, if that fear is because the threat has means, opportunity, and intent you are probably justified.
Now if a threat appears to be preparing or going to continue to cause serious bodily injury or death to someone else, even if they have stopped directing it at you for the moment that can still satisfies intent. An active shooter moving on is a good example, or someone who has been running for place to place to gain a new angle (flank) on you or others. You just have to be able to justify why you believed that. In realistic use of force training agents or officers might have apprehension of shooting someone not facing them, but the direction the person is facing isn’t only consideration in the “opportunity”.
These events are dangerous and decisions often are made rapidly, which is why this matrix works so well, it is quick and simple. Knock a leg out and the threat is gone. If all three exist, then the threat is real.
There was also this other piece of the puzzle. Am I where I am supposed to be? Am I doing what I was supposed to be doing? If I am breaking the law or being a bully, then someone tries to stop me from doing that, self-defense is a poor argument for me. Being in the wrong to begin with often makes you the threat.
If you are going to defend yourself, it is very wise to read up on the laws of the jurisdiction you are in beforehand. I would also study up on what God says about self-defense, which we will talk about in a coming post. Knowing the law is the best bet to stay on the correct side of it.
If you can avoid using force through de-escalation, then it sounds like a win. If time allows. Not going to a place where a fight is likely is also a possible option, this is not always possible unfortunately.
If the world was peaceful, it would be wonderful. This one of the many reasons Heaven will be amazing, peace in the presence of God. This world is not peaceful and if you are responsible for safety and security or others then you should make it a goal to be able to be able to provide that safety and security.
Stay safe.
-Joseph
Outpost 95 