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The Force Continuum and Totality of Circumstance

The Force Continuum and Totality of Circumstance

Released Sunday, 5th July 2020
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The Force Continuum and Totality of Circumstance

The Force Continuum and Totality of Circumstance

The Force Continuum and Totality of Circumstance

The Force Continuum and Totality of Circumstance

Sunday, 5th July 2020
Good episode? Give it some love!
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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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