In order to understand what force is appropriate in a given situation, it is necessary to differentiate among different levels of force. For this purpose, a continuum of force is used with common types of force set in place. Picture a line with one end being no force at all and the other end being lethal force, and any foreseeable action you take against another person in defense of yourself or others can be placed somewhere along the line. For uncommon or otherwise undesignated types of force you must determine for yourself where on the continuum it should be based on the likelihood of serious bodily harm. As an example, since running someone over with your car is likely to cause serious injury or death, it would be considered lethal force. This likelihood of harm is how we order the continuum, listed here in order from least likelihood to greatest: presence, verbal commands, soft hands, hard hands, less lethal tools such as OC or pepper spray, stun gun or taser, properly used batons, and finally lethal force, most often a firearm. The threat of any force would rank just slightly below the actual use of such force.
First up on the continuum of force is your presence. That’s right, your very presence can constitute the use of force because of the impact it can have on others, such as feeling intimidated or being limited in otherwise lawful choices or actions. Presence counts slightly higher on the continuum of force when other factors are considered such as being part of a group of people, wearing a uniform that conveys authority (such as security or police), carrying a visible or unholstered weapon (or for someone who is expected to be armed, such as a police officer, carrying a rifle or shotgun at the ready), or if your presence distracts someone from a safety critical task.
Slightly higher on the continuum are verbal commands. Again this can be modified by circumstances: direct orders from someone you believe to be an authority figure are rated higher than suggestions from someone who is not in charge.
Next up is the level referred to as soft hands. This is the lowest level of force that involves physical contact, and is defined by its extremely low likelihood of causing an injury. Soft hands includes placing your hand on someone’s back or shoulder in order to guide them to the door, on up to wrestling them to the ground, pulling their hands behind their back, or otherwise restraining them. Pressure point control and pain compliance techniques would also fall under this use of force category, but should only be attempted by persons with proper training. Any chokes are likely to be viewed by authorities as lethal force unless it takes place under controlled conditions, such as during martial arts training.
Just above soft hands are, you guessed it, hard hands. These are the empty hand striking techniques such punches or kicks that have a higher chance of causing injury but low likelihood of death. Be careful here as strikes to especially vulnerable parts, such as the throat, eyes, or groin, can be considered lethal force as there is a higher chance of causing serious bodily harm, as can attacks to joints such as the knee that can result in permanent disability. Also be aware that since it is reasonable to expect someone to fall down when they are struck, you must also consider what that person is likely to fall on, such as a curb or broken glass, or in front of, such as a bus.
Continuing up in level of force, we now come to less lethal tools. These are items that can be used against another person to incapacitate or gain compliance without a very high chance of serious injury or death. As we go higher on the continuum we are increasing the chances that our opponent will suffer serious bodily harm, and as a result we should expect any use of force at higher levels will be looked at very closely by authorities. Note that I referred to items in this category as less lethal, not non lethal. While rare, there have been deaths after the use of all these tools, and you should never use any level of force when a lower level will do.
Pepper spray, or OC spray, is a liquid that causes extreme irritation, including burning skin and eyes, and difficulty seeing. Pepper spray incapacitates by causing pain, and this pain often lasts for fifteen minutes or more. Despite the panic reaction that many people suffer on exposure to pepper spray, it does not actually cause difficulty breathing.
Very near on the continuum of force to pepper spray are the taser and other electronic shock devices. I personally consider pepper spray to be just slightly lower because of the lower direct risk, but certain jurisdictions (or agencies, if you are carrying it on the job) may disagree because a person continues to be incapacitated for some time after exposure. If you do use your pepper spray, do not place yourself at risk by approaching the assailant, but make certain to call for help, stop traffic, or take any other action that may be necessary depending on the circumstances. Persons who experience the shock of a taser may rate it as a worse experience than pepper spray, but they recover nearly instantly when the stimulus is removed. Because the taser launches projectiles in order to work at a distance, the slightly higher danger would rank it as a slightly higher use of force than a hand held stun gun. Despite some bad press in the last few years, I have heard far more stories of lives saved by the taser than vice versa. Mostly from law enforcement officers placed in situations that would otherwise have required lethal force, such as an emotionally disturbed person with a knife.
With batons and other bludgeoning or impact weapons, such as bats, sticks, and rocks, we are very near lethal levels on the continuum of force. So close in fact that whether or not a baton is considered to be lethal force depends not on the tool itself, but on the training and intent of the person wielding it. If you have not been trained in the less lethal use of an impact weapon, with documentation to prove it, then do not consider carrying a baton for less lethal self defense. Without proper training, the risk of unintentionally causing serious bodily harm or even death is so great that any bludgeoning instrument must be considered lethal force, regardless of the intent of the wielder. Intent only comes into play when a trained person uses an impact weapon in a fashion other than the low risk techniques they were taught, thereby rising to the level of lethal force.
The situation above leads into another gray area where otherwise less lethal force is likely to be considered lethal force in the eyes of the law. If you use any level of force from soft hands on up, including pepper spray or a taser, on a person you know to be carrying a firearm, then most courts have found it reasonable to conclude that you were attempting to incapacitate that person and take that firearm. Such an attempt justifies lethal force to prevent an assailant from gaining control of a lethal weapon. Now you know why that police officer took your little tiny pepper spray so seriously.
At the very top of the continuum of force is lethal force. Most commonly this would imply a gun, but also includes anything likely to cause permanent harm or death, including but not limited to chokes, knives, strikes to the head or other vulnerable areas using a baton, attacks using other bludgeons such as baseball bats, bricks, or sticks, or rocks whether held in the hand or thrown. As mentioned earlier, it also includes any other level of force when it is reasonable to conclude the danger of serious harm or death would likely increase if the target becomes incapacitated.
Hopefully you begin to see why it is referred to as a continuum. Each set of circumstances is unique, and one must expect to be judged on the entirety of the circumstances you find yourself in. Examples: Is the person holding that rock a child? Is the rock large enough to cause permanent harm or just minor injury? Is the assailant at the controls of a vehicle or other machine liable to harm someone else if you take action? Where would shining a bright light in someone’s eyes fall on the continuum? Would it change if that light enabled you to more easily strike them with your fist? What about if it stopped them from seeing your firearm and you later had to fire in self-defense? There are infinite possibilities that bear thinking on…in advance when you have time to think. Since I am not a law enforcement officer and therefore have no duty to act (an interesting topic outside the scope of this article), for me it becomes simple: What is the least I can do, including doing nothing or walking, even running, away, that allows innocents to remain unharmed? If you choose to harm someone when you didn’t reasonably believe you had to, then you are wrong.
In “Use of Force for Self Defense” I discuss how to select which level of force will be considered appropriate for a given situation. If you have not already done so, please read that article now as it goes hand in hand with this one.