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Disparity of Force
Disparity of Force
He did not feel his retina detach as a much younger, much stronger, and much angrier fist slammed into his eye.His body told him that he was being seriously injured. He was trapped in the driver’s seat of his pickup; held in another fist by his shirt, a safely seat-belted target. His vehicle was blocked by other cars. His only escape was the .40 Glock on the seat of his pickup. A round just under the big man’s heart sent him stumbling back to die. The police arrived to arrest the victor. A grand jury found no justification for criminal charges and the man was released.
Deadly force cannot be used unless the victim is in fear of deadly force. This usually requires the presence of a weapon. However, sometimes a significant disparity in the strength or fighting ability between the parties is accepted as a substitute weapon.
Disparity in size has been part of every disparity of force case since David and Goliath. Wrestling and boxing have weight classes in order to prevent the larger contenders having undue advantage.
The factors establishing a disparity of force include:
- Age
- Overwhelming size
- Overwhelming strength
- Force of numbers
- Advanced skill in unarmed combat
Many commentators add males against females as a category. Size, strength and aggression are typically male attributes, but not exclusively. There are women who can beat down the average man. It is accepted that women are more successful with this defense than are men.
Even if all the factors are present, it is necessary to follow the rule to make all efforts to avoid the use of deadly force. One court refused to find it necessary for the guest of honor to shoot the deceased, finding that he could have run out of the house he was visiting. The defendant was seventy-five (75) years old, the deceased, forty-eight (48), four inches taller, and forty pounds heavier. Normally, someone on an appellate court panel would be familiar with the effects of age and arthritis.
Age disparity alone may not suffice as a substitute weapon. Age does bring with it weakness of muscle, slowed reflexes, and some loss of the aggression which once lent authority to our fists. On the other hand, there are some mean old men. In 2009, a policewoman stopped an 89-yearold man for erratic driving including hit and run. He admitted that his driver’s license was revoked.
As she tried to confirm his identity he rammed her patrol car and tried to get his car in gear to flee. She got him out of the car, but was unable to control him. A young man came to her aid and it took their combined efforts to handcuff the old man. The officer, but not the young man, was charged with Third-Degree Assault. The old man was not charged.5 In another case it was all that four police officers could do to handcuff a 72-year-old man. They were trying not to hurt him and he was doing his level best to hurt them.
Disparity in size has been part of every disparity of force case since David and Goliath. Wrestling and boxing have weight classes in order to prevent the larger contenders having undue advantage. It usually indicates strength, reach, and leverage, but not always.
The Missouri Supreme Court ruled that size alone could constitute physical force. The case involved a six-foot, 220 pound pervert forcing a 16-year-old girl to submit to molestation.
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By Kevin L. Jamison2614 NE 56th Ter Gladstone, Missouri 64119-2311 KLJamisonLaw@earthlink.net
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Old West Adage from: March 5, 1836: “God Created Men & Sam Colt Made them Equal!” Predators seek weak targets. We should thank Colonel Colt for making us equal...!
Disparity of Force, (despite the popular myth, there is no registration of boxers or martial artists as “dangerous weapons.”)
There are schools for violence. They range from respectable martial arts studios and boxing gyms to street corners and penitentiaries. Some learn in the service of their country.
Strength is often paired with size, but not always. A court ruled that mere fear of simple assault and battery is not sufficient to respond with hazardous force. Mere large size is not sufficient. The court does not specify what additional factors must be present. Given the circumstances of the case, some indication that the deceased would use deadly force, and perhaps a lack of other means to resolve the battle must exist.
It is not necessary that the assailant be a weightlifter, only that the victim be substantially weaker. The Supreme Court of Missouri has recognized that superior physical strength coupled with threats may give reasonable cause to fear great personal injury. The court later found that:
“Something more than fear of size however, is required to justify the use of deadly force in self-defense. Some affirmative action, gesture or communication by the person feared indicating the immediacy of the danger, the ability to avoid it and the necessity of using deadly force must also be present.”
The court quoted with approval that a “man, because he is the physical inferior of another … is [not] … bound to submit to a public [assault] … If nature has not provided the means for such resistance, art may; in short, a weapon may be used… “ The defendant mentioned was elderly, feeble, nearly blind, and the victim of a stroke. He was cornered in a doorway when he pulled a revolver, gave a warning, and killed a larger, younger man wielding a bullwhip. A physical inferior will be required to prove that his or her physical situation prevented retreat or a non-lethal resolution. The court cannot be relied on to take judicial notice of the obvious.
In group attacks, a disparity of force is normally a given, a point relentlessly made by zombie movies. Missouri’s self-defense jury instruction specifically mentions multiple assailants working in concert. Group attacks in prisons and jails are often charged as felonies, the group substituting for a weapon normally required in felonies. In some cases the court has mentioned the shoes or other innocuous objects used by the participants as substitute weapons. But, like a stampede, it is the mob mass which kills.
A subtraction question may arise. When the citizen has disabled or killed his attackers until only one remains, it might be argued that disparity of force no longer exists. However, given the speed at which such events occur, and the difficulty in determining if attackers are truly disabled makes such a requirement impractical and unjust. The short range of self-defense incidents creates the danger of the citizen grappling with the surviving attacker for the gun, an event which never ends well.
There are schools for violence. They range from respectable martial arts studios and boxing gyms to street corners and penitentiaries. Some learn in the service of their country. This is often exaggerated, but a Special Forces Colonel was convicted in the death of his wife. Her neck had been broken, and he knew how to do that.
Despite the popular myth, there is no registration of boxers or martial artists as “dangerous weapons.” The Supreme Court of Minnesota found that a punch from a trained boxer was not assault with a dangerous weapon. Only boxers are registered* under 15 U.S.C. section 6301, and then only to record them, identify them, and license them as a "boxer." (*)15 U.S.C. section 6301, (1): The term “boxer” means an individual who fights in a professional boxing match.
Disparity of Force - Download and enjoy the entire article.
By Kevin L. Jamison2614 NE 56th Ter Gladstone, Missouri 64119-2311 KLJamisonLaw@earthlink.net
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Old West Adage from: March 5, 1836: “God Created Men & Sam Colt Made them Equal!” Predators seek weak targets. We should thank Colonel Colt for making us equal...!
Disparity of Force, (women may be justified in the use of deadly force)
Given the facts of biology, women are justified in the use of hazardous force in circumstances men would not be. Persons with physical disabilities or significantly older than their attacker or who are attacked by a group may also make this argument.
The best disparity of force case is one where multiple factors are in play. Sixty-five-year-old Michael Monahan shot and killed forty-nine-year-old Raymond Mohlman and Mathew Vitum when the two younger men attacked him in a dispute over the sale of a boat. Prosecutors initially sought the death penalty because the two men had been unarmed. A Palm Beach County judge disagreed. In a ruling invoking Florida’s “Stand Your Ground” law the judge pointed out that Mohlman had been a professional wrestler. Both men were younger and stronger. They outnumbered him. Mr. Mohlman’s blood alcohol level was .23, almost three times the legal limit. Mr. Vitum had a blood-alcohol level of .11 combined with cocaine, oxycodone, and marijuana.
The net effect was a pair of assailants with decreased inhibitions for extremes of assault; would not feel the bones in their fists break and would continue when the sober man would retire. The assault took place on a boat where slips have often led to cracked skulls and drowned sailors. The charges were dismissed.
The armed citizen may be forced to use deadly force against an unarmed attacker simply to prevent him from capturing the citizen’s weapon. Police are constantly warned that there is at least one gun in any confrontation, the policeman’s. Police are warned to defend their weapons, the implication being that deadly force is a last, but definite, resort.
Normally the citizen claiming disparity of force will have been attacked by larger or more numerous foes. Most men are bigger, stronger, and more vicious than most women. Given the facts of biology, women are justified in the use of hazardous force in circumstances men would not be. Persons with physical disabilities or significantly older than their attacker or who are attacked by a group may also make this argument.
Disparity of Force - Download and enjoy the entire article.
By Kevin L. Jamison2614 NE 56th Ter Gladstone, Missouri 64119-2311 KLJamisonLaw@earthlink.net
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Old West Adage from: March 5, 1836: “God Created Men & Sam Colt Made them Equal!” Predators seek weak targets. We should thank Colonel Colt for making us equal...!
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Examples of Disparity of Force
What defines a disparity force is not black and white. Variables include things such as age, gender, strength, training or whether or not a person is armed. Some examples of disparity of force include:
- Small person vs. big person
- Male vs. female
- Unarmed vs. armed
- Trained vs. untrained
- Elderly, (60-years old +) vs. younger person(s)
- Disabled vs. non-disabled person(s)
- One vs. many
Know when a disparity of force is working against you. Familiarize yourself with the use-of-force laws in your area and know when using a force multiplier is justified. Remember, the best force multiplier is useless if it isn’t readily accessible.
Know Your Force Multipliers
There are an infinite amount of force multipliers. These range from weapons and tactics all the way to variations in how self-defense techniques (combative(s)) are executed. Have force multipliers with you at all times. If you're older than 60 years or handicapped a disparity of force will probably exist. Think about it. Criminals look for easy targets, those they perceive as weaker than themselves.
Examples of force multipliers readily available are as follows:
- Impact Weapons
- Edged Weapons
- Firearms
- Pepper Spray
- Tactics
Tactics are arguably the most important tool when it it comes to self-defense. Even with weapons, it is superior tactics that will help you get the weapon into the fight. You may need to distract an attacker or simply reposition your body to effectively bring a force multiplier into play.
DISPARITY OF FORCE
Rules of Engagement for the Medically Fragile
As our physical abilities decline, we may have a more restricted range of defensive options.
As we age and acquire various bodily infirmities, our ability to effectively handle physical challenges diminishes.
As we become increasingly fragile, we lose defensive options in the event of a physical assault. The disparity of force in favor of the attacker widens as a function of our physical disadvantages. Given the inevitability of the age related decline in our physical abilities, how can we keep safe in the face of violent crime?
There are no easy answers. As our physical abilities decline, we may have a more restricted range of defensive options. We probably cannot run away fast enough, if at all. If we are attacked, we are unlikely to be capable of physically fighting back the attacker on a hand to hand basis. Few of us who retain our mental faculties want to hibernate or hide from the world. Few of us can afford a personal bodyguard. What are our options?
An ounce of prevention is worth a pound of cure. If you are old and frail or just frail, you should practice the art of avoiding social conflict.
Most experts recommend a layered approach to self defense. This means have a Plan A, and if that doesn’t work, a Plan B, and then a Plan C, and so forth. However, it is also essential to have a last resort immediately accessible and ready to use as an immediate response option if you face an imminent threat of death or serious bodily harm. That last resort is the deadly force option. Recognize that I said have a last resort immediately accessible.
Minimize Your Risk & Be Prepared to Call 911 ********** Your Mindset & Demeanor ********** Rehearse the Assertive Use of Verbal Commands
********** Canes Are Not Just for Walking! *********
Disparity of Force
The laws in most jurisdictions acknowledge the concept of disparity of force. This concept has been articulated most clearly by Massad Ayoob in his writings and live trainings (www.MassadAyoobGroup.com).
An able-bodied but unarmed man who attacks an unarmed physically challenged person has the advantage of greater strength and hence, force, on his side. There is a significant power differential between the attacker and victim in favor of the attacker, and the attacker has the advantage—a disparity of force. Nowhere is disparity of force more evident than when an able-bodied person launches an unprovoked predatory attack on a physically handicapped or medically fragile person.
If you are medically fragile or physically challenged, you may have little chance of being able to physically stop an attack by an able bodied person without getting seriously injured or killed. In such an instance, your sole viable immediate defensive response option might be the competent use of a firearm.
The “Cracked Egg” Theory
If you are medically fragile, from a legal standpoint, you are like a “cracked egg.” I know this sounds depersonalizing, but it is what it is. The idea is that it does not take much force to completely demolish a cracked egg. Likewise, if you are medically or physically frail, it would not take much force to seriously injure you.
Therefore, legal doctrine gives you a little more leeway to even the playing field, as long as you are the innocent person in the encounter. You may want to turn the other cheek if you are slapped. However, if you are so medically or physically compromised that being struck or slapped would not allow you to turn the other cheek, or turn anything for that matter, you may have few defensive response options other than the firearm
DISPARITY OF FORCE
Assertive Use of Verbal Commands
Assertive Use of Verbal Commands or What Police Recruits are Taught in the Police Academy... Command Presence!
Command presence is essentially presenting yourself as someone in authority who is to be trusted, respected, and obeyed. It all boils down to how you present yourself. Do you look, act, and speak the part?
Violent offenders are predators, and predators tend to prey upon the weak. Just like the way predatory animals watch and stalk their prey before moving in for the kill. They’re extremely patient, waiting for the right target—the weakest animal in the pack—because the battle is easier.
Take command. Be aware of your surroundings, become a HARD TARGET! To help with this we all need to know verbal commands for defusing, disengaging and discouraging a threatening person or persons from assaulting us. We also need to develop convincing body language to go with these verbal commands. When cornered without an adequate expeditious way out of a bad situation; up the ante; that is, use your God Given BIG BOY VOICE or BIG GIRL VOICE and become more verbally forceful. Its not yelling or screaming at the top of your lungs frantically. Command presence its loud, clear firm, even, cold, direct and most of all, its authoritative. You're in command!
- "I’m sorry sir, I can’t help you.”
- “I said, I’m sorry I cannot help you!”
- “Leave me alone!”
- “Back off! Stay away from me!
- "I have called the police, they are on their way" or
- "I have called 911, the police will be here soon"
- “You are menacing me. Go away.
- Leave now!”
- “You are threatening me. Stop threatening me!”
- “Do not assault me! Leave now!”
- Stop assaulting me! Leave now!”
- "Do not make me hurt you!”
- “I will protect myself!
- "You had better leave right now!”
- "I can and will protect myself"
They are listed in order of their level of forcefulness. Perhaps you can think of others. It is important to keep them short, simple, and to the point.
Learn Assertive use Verbal Command Presence take hard target Brea Placentia Yorba Linda La Habra CCW
Disparity of Force
The Code of the Armed Senior
News Flash: Recently, at a Phillies baseball game in Philadelphia, an argument began between two groups of men over some spilled beer.
The argument grew into a melee, and security guards threw everyone out. Afterwards, in the parking lot, three men from one of the groups jumped one man from the other group who was trying to leave the angry and violent scene. The three men beat, kicked and stomped the other man to death. By the time the police arrived, it was too late. The victim suffered severe head trauma and was pronounced dead right there by medics.
Trained, resolute, armed senior citizens increase their chances of surviving a violent attack.
All I could think of after reading this headline news story in the Philadelphia Inquirer was that if the victim had a gun on him, he might have been able to save his life. This would have been a clear case of the justifiable use of deadly force in self defense. The three murderers started the violence, escalated it, and had a marked disparity of force in numbers and size over their victim.
Carrying a gun regularly is a big commitment and responsibility. It’s not always convenient, nor is it always comfortable. However, as noted firearms trainer and gun writer Clint Smith of Thunder Ranch is fond of repeating, the concealed firearm is not meant to be comfortable; it is meant to be comforting.
In our increasingly menacing society, staying relatively safe and staying armed seem to be synonymous. As you grow older, when you lose some or many of your physical powers such as size, strength, flexibility, stamina, endurance, prowess, stealth, speed, and reaction time, you become more vulnerable to predators. This is how it works in the animal kingdom and it’s the same in the human kingdom.
When you’ve been alive for six decades or more, you’ve seen a lot and have had numerous experiences and scrapes. At this point in life, you either have the instinct for survival or you don’t, and you wouldn’t have lived this long if you didn’t. So, whether or not you’ve consciously thought about it, you have in fact internalized a code of rules that guide your life, and they work!
If you believe in armed self defense and have chosen to live the armed lifestyle, whether recently or long ago, there is a code of rules that guide this lifestyle choice. This code is not very complicated. Actually it is quite simple. It’s all about staying alive and healthy for as long as God intends. After awhile, the code of the prepared armed senior citizen became crystal clear. It’s something to live with.
Pictured above is the author Bruce N. Eimer, Ph.D. and his K-frame .357 Smith & Wesson Night Guard.
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Generate excitement
Fortunately, the gun can serve as an equalizer of sorts, allowing you to even the odds or tilt them in your favor. God in his infinite wisdom may not have created all people physically equal, but old Sam Colt saw to evening the odds.
The Armed Senior Citizen’s Code and Principles of Self Defense
1. Own at least one defensive handgun.
2. Keep at least one handgun loaded at all times.
3. Keep at least one loaded handgun on you.
4. Be prepared and ready to use the gun you’re carrying if it becomes necessary.
5. If you have to use it, don’t hesitate.
So, there you have it. That’s the code. It’s simple. It’s based on common sense, and it spells S-U-R-V-I-V-A-L. Stay safe, and live a long life.
The Code
Few violent criminals fear the gun or other deadly weapons. I have never heard of a hoplophobic violent criminal! However, jailhouse interviews reveal that many (though not all) violent criminals do fear the resolute person holding the gun. A resolute senior citizen holding a gun on you is someone to fear. It’s like a cat backed against the wall. You’re going to get hurt unless you back off. What does the cat have to lose but his life?
One of the secrets of success and happiness as well as personal safety and security is building a support network of human resources. This can be done by making friends with available individuals whose talents and abilities complement your own. Not only will you have fun, but you will also benefit from the camaraderie. If you have online access with a computer, check out several quality online discussion forums where you can make friends and share knowledge. Some recommendations would include:
Some worthwhile blogs include George Hill’s www.MadOgre.com and my www.PersonalDefenseBlog.com.
DISPARITY OF FORCE
Shooting: The Most Inclusive Sport Handicapped Shooters on the Firing Line
The three men introduced here have one thing in common besides their drive to succeed and the ability to make that dream come true: all three are handicapped. Not disabled, just handicapped in reaching their goals–and reaching them despite the added challenges. Many Thanks, from 5150 HEAT Firearms Training Academy to author: Oleg Volk of Alloutdoor & USCCA .
Firearms Training: Allows Greater Independence & Higher Quality of Life.
Personal arms and training allow us greater independence and higher quality of life. The three gentlemen shown here are just a few of the many who illustrate that.
Hunter “Nubbs” Cayll & Life as a NCAA Rifle & Pistol Athlete
Elderly, Handicapped & Wheelchair Bound People Are Frequent Targets for Criminals
Besides the recreational and sporting value, guns also give each of us an opportunity to be more independent. A friend who taught self-defense to dozens of wheelchair bound people says that they are frequent targets for criminals. His students have three effective defense episodes so far–all of them with .22 pistols and all resulting in death of the attacking criminal. Josh is well trained and isn’t limited to rim-fire, and so his friends don’t have to worry for him much, even though he lives in Memphis.
Photo above: Hunter Cayll at the 2017 IPSC Rifle World Shoot
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Many people don't realize it, but firearm marksmanship and safety are perishable skills that must be continuously renewed and reinforced through “proper” practice and training. Every expert firearms instructor recommends regular range time or dry-fire training to both improve and maintain safe, speed & accuracy and the skills needed to ward off deadly attacks... Check back often!
Concealed Carry Fundamentals
Concealed Carry Fundamentals is a comprehensive course for anyone considering owning or carrying a firearm for self defense. In this class you will learn conflict avoidance, situational awareness; shooting fundamentals; the physiology of violent encounters, legal aspects of using deadly force (including knowing what to do in the aftermath); and a complete guide on gear, gadgets, and ongoing training. Following the course, training and live-fire exercises are conducted on the range.
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BASIC HANDGUN FUNDAMENTALS
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BASIC HANDGUN FUNDAMENTALS
This course is designed to give participants an entry level understanding of handguns and how to utilize them in self-defense situations. The curriculum is divided into four modules, each with several chapters. Classroom and Laser Pistol simulator time. Each participant will receive an excellent textbook: Concealed Carry and Home Defense Fundamentals. Intro to Laser Pistol training. CCW, CONCEALED CARRY Classes: Shall Issue, May Issue & Constitutional Carry firearms academy ccw classes Brea
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USCCA, Home Defense Course, is a comprehensive course for every skill level that focuses on firearms as a tool for home defense. Ultimately, the goal is for students to develop a home defense plan. Plus, many more useful subjects! Intro to Laser Pistol training.
Each participant will receive an excellent textbook: Concealed Carry and Home Defense Fundamentals.
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BASIC HANDGUN FUNDAMENTALS
Certified NRA Police Firearms & Tactics Instructor & Range Master
Women’s Handgun & Self-Defense Fundamentals covers the basics — along with the fun, seriousness and importance of being a responsibly armed female. The basics of shooting will be introduced, reviewed & built upon, while also exploring universal safety rules, situational awareness, common types of handguns, ammo types, marksmanship skills, advanced firearms handling/defensive essentials & the use of deadly force. Intro to Laser Pistol training.
Certified NRA Police Firearms & Tactics Instructor & Range Master
Certified NRA Police Firearms & Tactics Instructor & Range Master
Certified NRA Police Firearms & Tactics Instructor & Range Master
Certified NRA Police Firearms & Tactics Instructor & Range Master - Prior to my retirement from law enforcement I served as a Police Firearms & Tactics Instructor and Range Master with Brea Police Department since 1992.
CCW FUNDAMENTALS
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CCW - Concealed Carry Fundamentals Course... This is an EXCELLENT course!
Concealed Carry and Home Defense Fundamentals is a comprehensive seminar for anyone considering owning or carrying a firearm for self defense.
Certified USCCA Firearms Instructor & Range Master
Certified NRA Police Firearms & Tactics Instructor & Range Master
Certified USCCA Firearms Instructor & Range Master
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