Self Defense Responsibilities of Marial Artists

SELF DEFENSE RESPONSIBILITIES OF MARTIAL ARTISTS

Peter B. King, J.D.
Nidan

Introduction

When a martial artist reaches the black belt level, he or she should have developed an understanding of the different results to be expected from the use of various techniques. This understanding is needed for the martial artist to comply with the legal and ethical requirement that the use of force in self defense or defense of others must be limited to that which is reasonably necessary. The use of excessive force causing disability or death to the attacker cannot be justified, even when the attacker was in the wrong, and may result in legal consequences to the martial artist. In other words, the degree of response must be proportional to the degree of attack. Instructors of the martial arts have a legal and ethical responsibility to give their students the knowledge needed to form this understanding.

By injuring another with the use of force, one faces both the possibility of being charged with the crime of assault and also being held monetarily liable for the injured person’s medical expenses, pain, disfigurement, loss of income, loss of ability to gain income and similar “damages.” For significant injuries, these monetary damages could be catastrophic. As these injuries would be deemed “intentionally inflicted” liability would almost certainly not covered by an insurance policy.

Reasonable Force Doctrine

As the writer is in Wisconsin, references will be made to the legal standards of that state. Similar standards may apply in other states, but laws and the wording of legal standards among states do vary somewhat. The legal standard for use of force in self-defense in Wisconsin is that a person has a right to use the force “reasonably necessary under the circumstances” to defend his person when he reasonably believes that his life is in danger or that he is likely to suffer bodily harm. It is important to understand that the defender (i.e. the martial artist) would have the burden of proving that he acted in self defense, that the use of some force was necessary and that the amount of force used was reasonable under the circumstances.

Case law holds that oral abuse alone is not sufficient to justify the use of force, however the defender’s knowledge of previous threats made by the attacker and any dangerous propensities exhibited by the attacker may, in some cases, justify initiating the use of force to prevent an attack.

The law is not as clear in answering the question of what force a martial artist may use to defend others from physical abuse. The answer to this question would probably depend on a number of factors, such as the ability of the intended victim to defend himself, the relationship of the martial artist to the intended victim, the nature of the perceived threat and the degree of force used to counter it.

The standard for using force to defend one’s property, as opposed to one’s person, is somewhat different. Wisconsin law categorically states that “it is not reasonable to use force likely to cause death or great bodily harm in defending one’s property.” The term “great bodily harm” is defined as bodily injury that creates a substantial risk of death or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury. The use of “some force” would be allowed if it were reasonable to believe that such force was necessary under the circumstances.

Clearly, martial artists are trained to use techniques that may be “likely to cause death” or “great bodily harm,” but do they understand that those are the effects of those techniques or the legal ramifications of their use? Do they receive that knowledge in their training?

The word “reasonable” has been used repeatedly in defining the degree of force allowed for self defense. What is a “reasonable” amount of force to be used in self-defense will vary widely depending upon the particular facts and circumstances of each case. A person who seeks to prove his actions were reasonable will have those actions judged against the standard of what a “reasonable person” of similar abilities, training, knowledge and experience would have been expected to do if faced with the same threatening circumstances. Therefore, a person with martial arts training would be judged against the standard of a reasonable martial artist with approximately the same level of training and skill. A black belt would be expected to have a greater ability to select the specific techniques and the degree of power appropriate to the situation requiring self defense than would a lower rank martial artist or a person with no martial arts training.

Wisconsin law also holds that the aggressor in a fight is not entitled to fight in self defense against the person he provoked apart from two situations. First, the aggressor may defend himself if he believes that he is in imminent danger of serious injury or death. Second, the aggressor may re-establish his right to use force in self defense if he has clearly communicated to the other person that he does not intend to continue the fight but the other persists in fighting.

Degrees of Force

The degrees of force used in self-defense may be analyzed by comparing several levels of threats and counters. Following a discussion of these levels, we will turn to the target areas of the human body and the possible harm that may be done by blows to those areas.
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Level 1 Psychological deterrent.
An attack may be deterred in some situations without the use of physical force. The appearance of martial bearing, a grimace and even the martial yell (kiai) may be effective in deterring some attacks where the attacker is rational and not deeply committed to the use of violence. A seemingly opposite bearing may also be effective. The martial artist may present an aspect of supreme self confidence and inner calmness (shibumi) that may be very discouraging to an attacker whose goal is primarily to bully and control others. it must be recognized, however, that the use of such deterrents may, in some cases, incite and inflame the irrational or committed attacker to greater use of violence.

Level 2 Pain pacification
In countering an attack, a martial artist may inflict pain upon the attacker and thereby cause him to desist. Typically, the attacker deterred by pain would be one who is attacking impulsively out of sudden anger. It may not be effective on an attacker who is acting out of premeditated malice or with the intent of committing a crime. At this level, the pain would be inflicted by use of techniques that do not facture bones or otherwise cause permanent injury and disability and that carry a low risk of causing death. The use of throws and joint locks are examples. Kicks and strikes to non-vital areas of the attacker’s body may also be effective. Such areas would include the thighs and abdominal region below the rib cage.

Level 3 Counters intended to cause injury and disability
The martial artist may find it necessary to inflict injury and cause disability upon an attacker who cannot be deterred by at one of the lower levels. Generally, this attacker would be one who is acting out of pre-meditated, criminal intent or who is acting irrationally under the influence of drugs or alcohol but without the use of weapons or otherwise displaying deadly intent. The degree of injury and disability caused by the defensive counter may be temporary or permanent. The martial artist must appreciate both his own ability to use a technique effectively and the potential for injury at the targeted part of the opponent’s body. Areas of the body that may be targeted for injury and disability without significant risk of death would be the insteps, hands, knees, legs and the arms. Strikes to the groin and rib cage may be in this category if done with some moderation.

Level 4 Counters with significant risk of causing death
Legally and ethically, countering with techniques carrying a significant risk of causing the death of the attacker must be confined to situations where it is necessary to deter the potential loss of a victim’s life. A prime example would be where the attacker is using a weapon such as a firearm or knife. The use of deadly force to defend one’s home against an unarmed intruder is problematical. It may be allowed under the laws of some states, but is not allowed in all. Strikes to the head, face and neck must be seen as always carrying a risk of death. While death will not result in all cases where such strikes are employed, the martial artist must understand that targeting of any vital area of the opponent’s body always carries that risk. Blows to the rib cage, in addition to fracturing ribs, may cause injury to internal organs such as the lungs, heart, spleen, liver and kidneys. Injury to any of these organs may result in death. Fracture of the pelvis may easily result in enough internal bleeding to cause death. An added problem in causing injury to internal organs is that there is no effective pre-hospital emergency care for such injuries. External bleeding may be controlled by direct pressure and bandaging; the control of internal bleeding usually requires surgery.



Targets and Risks

A lesson that is taught in most martial arts styles is that any part of the human body may be a target for a blow. (Similarly, it is taught that almost any part of the body may be used as a weapon.) Whether a martial artist learns to use techniques that focus on specific areas of the body as targets, or whether he learns to flail indiscriminately against the opponent’s body, he has a deep responsibility to understand the risks involved and the potential for causing serious or deadly harm. In this section, we will look at various parts of the human body, the anatomy of each and the potential results of causing injury to each.

The Cranium
The part of the body commonly called the “head” or “skull” has two main parts, the cranium and the face. The cranium is a closed bone box with only one major opening. While there are small openings for nerves and vasculature to enter, the one major opening (foramen magnum) is found at the base where the skull fits over the spine and the spinal cord enters into the cerebellum.

The cranium has strong boney protection at the front and back, but less at the sides and top. The back of the cranium is protected by a thick, solid bone mass (occipital bone.) The front of the cranium also has good protection, however the bone in this area (frontal bone) is porous, “designed” to absorb impact. Blows to the front and back of the cranium may cause serious injury without directly fracturing these bones. The force of the blow may cause the cranium to move violently backwards or forwards. This may transfer the force of the blow to the upper spinal cord or to the brain tissue. Injury to the spinal cord may result in permanent paralysis to major parts of the body, depending on the level of the cord where damage occurs. Injury to the spinal cord at level of the 3rd cervical vertebrae or above may be fatal as it may cause complete paralysis of the muscles used for breathing.

If the brain tissue is injured, it does what any bruised soft tissue does: it swells. Swelling under the skin will cause an expansion or raised area called a hematoma. If the brain swells, however, it has nowhere to expand except into the one opening of the closed box. As discussed above, this opening is where the brain stem is located. Thus, the swelling will result in the brain stem being squeezed against the opening. That is a very bad thing; injury to the brain stem is often fatal. The brain stem regulates basic vital functions of the body, including respirations, temperature and the cardiac system. If these functions are stopped or interrupted for more than a few minutes, the body will die.

The sides of the cranium are rather thinly protected by the temporal bones. These bones are more easily fractured than those in the front and back. In addition, the blood supply for the brain runs under these bones, through the tissues (meninges) that cover the brain.
If the vessels in this area are damaged, the bleeding can cause compression of the brain similar to the swelling effect discussed above. Bleeding above the dural layer of the meninges (epidural bleeding) can result in death after only a short time after the injury is inflicted, measured in hours. Bleeding under the meninges (subdural bleeding) may also cause death, but the serious effects may not appear as quickly. Time prior to death may be measured in days. Prior to death, the injured person would experience altered levels of consciousness, slurred speech, blurred vision and other abnormal signs and symptoms.

The top of the cranium is not as well protected as the front and back, but it does not have the same degree of vasculature as the sides. Injury to the top of the cranium runs the same risk of brain tissue swelling as in other areas.

The Face
The face hangs as an appendage from the cranium, given form by irregular bones in the cheeks and jaws. Non fatal injuries from direct blows to the face include impairment or loss of sight and smell, broken teeth and disfigurement. Because the soft tissues of the face, including the skin, have excellent blood supply, open wounds in the face often bleed profusely. (Significant blood loss, even if not resulting in immediate death from hypovolemic shock, may cause permanent damage to internal organs such as the liver and kidneys that may ultimately result in a later death.)

The face is an obvious, perhaps instinctual, target for attack or retaliation. Blows to the face may easily cause a momentary loss of consciousness or imbalance that allows the other to escape or deliver additional attacks.

Fatal injuries to the face are rare but may occur if they compromise the airway or transfer sufficient energy to the brain or spine to cause neurological damage. Obstructions to the airway may happen in several ways. Blood from soft tissue injury may drain into the airway, as may parts of broken teeth. Obstruction of the airway may also result from aspiration of vomit and from the swelling of tissues in the throat. Opening the airway and keeping it open is the absolute first priority of emergency medical care. Without a patent airway, the injured person has no chance of surviving.

The bones of the face may be broken by strikes or kicks delivered in martial arts combat.
The bones protecting the eyes are quite strong and not easily broken. The jaw bones are less able to withstand blunt trauma. A low energy blow to the mandible (lower jaw bone), even if it does not break the bone, may transfer enough energy to damage the temporal-mandibular joint (TMJ) at the base of the jaw near the ear. If damaged, this joint may “click” each time the jaw is opened to speak or eat for the remainder of the person’s life. That could be a fairly high money damage item in court.

The Neck
The neck is a complex structure filled with things the body depends upon for life. These include the cervical spinal cord, the vessels supplying the brain with blood, the trachea providing the body with oxygen, the esophagus and numerous nerve bundles controlling many body functions. Any forceful blow aimed at the neck carries the potential for causing serious injury or death. A blow aimed at the front of the neck may cause a fracture, collapse or severe swelling of the trachea. Any of these effects may result in a fatal airway obstruction. A blow aimed at the side of the neck may damage veins or arteries, but will more likely cause damage to the nervous system that may be temporary or permanent. The cardiac system may also be adversely affected by nerve damage in the side of the neck. In a person who already suffers from cardiac insufficiency, the effect may be fatal.

The Shoulder Girdle
The shoulder girdle is generally well protected by strong bones and muscles and is not a prime target for attack by a martial artist, with one exception. The collar bone (clavicle) is a target, being the most frequently broken bone in the human body. This bone is a long, thin cylinder that forms a necessary frontal strut for the shoulder girdle. If this strut is broken, the entire upper extremity on that side becomes unusable. This bone is quite strong along its longitudinal axis, but is easily broken by torsion or by a transverse blow such as the hammer fist strike in the Peian Nidan Kata. Broken bones have extremely sharp edges, and most of the damage and danger from bone fracture is due to the destruction of soft tissue (vessels, nerves, muscles, connective tissue) by the broken edges following the fracture of the bone. The clavicle is placed over the top lobe of the lung, and a midshaft fracture of the clavicle may cause a broken end to puncture the lung. This may lead to air from the lung filling the pleural “space” outside the lung, causing the lung to collapse. This condition, called a pneumothorax, may be fatal. This is also true for blows to the chest.

The Chest
The chest, or thorax, is an area of the body with vital internal organs, including the lungs, heart, trachea and esophagus, protected by the ribs and sternum in the front. Technically, the thorax has the diaphragm as its lower boundary, so the ribs also protect some of the abdominal organs below.

Blows to the anterior chest wall may fracture the bones that protect the chest, the ribs and sternum. These bones are not particularly strong against direct blows. Such fractures are usually not fatal in themselves, however the problem of broken bone ends being pushed into internal organs, such as the lungs discussed above, also applies here. If three or more consecutive ribs are broken in two places, this creates a floating rib area known as a “flail chest.” Because this will impair breathing, it is a serious condition that could be fatal.

Blows to the chest may also seriously impair the proper functioning of the heart. A direct blow the surface of the chest over the heart may cause severe bruising and swelling of the heart muscle or bleeding into the sac enclosing the heart. These are potentially lethal injuries. The heart is an electrical pump. Even an indirect blow to the chest wall may interrupt or completely disrupt the heart’s electrical wiring, causing chaotic activity called ventricular fibrillation. If not quickly reversed, this will result in death.


The Abdomen
The abdomen is the area of the body below the diaphragm and above the pelvis, bounded in the back by tissues separating the intestines from the kidneys. The upper part of the abdomen is protected by the lower rib cage. The internal organs under the ribs include the spleen, gall bladder, pancreas and most of the liver and stomach. The lower abdomen is protected only by the abdominal muscles and a layer of fatty tissue.

Blows to the abdomen carry the risk of injury to the internal organs. All of them are susceptible to being bruised, “fractured” or lacerated by blunt trauma. Internal bleeding from an injured internal organ is nearly impossible to stop outside a hospital.and
may easily cause death from hypovolemic shock. Even without fatal bleeding, injury to internal organs may impair their function to such a degree that the person is in serious danger.

The Back
The back is protected by the shoulder girdle bones and thick muscles at the top and by the spine and ribs throughout. The primary dangers from blunt trauma to the back come from broken ribs puncturing the lungs and from damage to the kidneys. The latter, in particular, can become a fatal condition due to uncontrolled internal bleeding.

The Pelvis
The pelvis is well protected by a girdle of strong bones. If fractured, however, this girdle usually breaks in more than one location and can easily result in massive, fatal blood loss. A well delivered front kick to the pelvis may be capable of breaking the pelvis.

The Genitalia
All marital artists recognize the male genitalia as a target. Being exposed, they are clearly susceptible to blunt trauma. However, the female genitalia may also suffer damage and hemorrhage from trauma even though not as exposed. Blunt trauma to these areas in either gender is rarely fatal. The greatest danger of fatal injury here is due to the rich blood supply. Any avulsion (ripping and tearing away of the skin or organ) may cause serious bleeding.

The Extremities
The arms, hands, legs and feet make up the extremities. Trauma confined to these structures rarely results in death. (One exception would be bi-lateral femur fracture, an injury unlikely to result from martial arts combat.) The elbow and knee joints and the bone assemblies of the hands, wrists and feet are finely crafted and easily damaged. Nerves, particularly in the forearms, are close to the skin and easily bruised. Because humans depend on the proper functioning of these structures for gainful employment, recreation and virtually all other waking activities, the significant impairment of any of them can be a serious concern, even if temporary in duration. Martial artists learn a number of techniques to crush, twist, and break these structures. These techniques may be deemed lesser as not carrying a risk of death, but injuries caused by them may cause significant disability, loss of income, loss of enjoyment of live and expensive/protracted medical care. These techniques cannot be used indiscriminately.



Continuing Responsibilities

The moral and ethical responsibilities of a martial artist do not end with having successfully stopped an attack with the use of counter force. If the assailant has been injured and further attack is not expected, the martial artist has a further ethical and even legal responsibility to seek emergency medical assistance while rendering reasonable aid to the injured assailant. Aid that can be given to an injured person by another untrained in emergency care may include efforts to clear the airway, protecting the injured person from unnecessary movement and holding a dressing (improvised is fine) over an active bleeding site.

Perhaps the most important responsibility would be to call for emergency medical assistance as soon as it is safe to do so. Medical professionals refer to the Golden Hour following a serious injury in which the chances of recovery depend on getting the injured person to definitive medical care, which may often mean into the surgical suite. During that Golden Hour, the injured person’s internal compensatory systems are hard a work attempting to keep vital organs viable, however those systems may begin to fail with the passage of time.

Having causing injury to another, if the martial artist failed or refused to call for emergency response and to render reasonable immediate aid to that person, he could be charged with outrageous abandonment and held financially liable for it in addition to any damages caused by using force above the level of reasonable force.

Conclusion

The martial arts were developed in cultures that did not have a sophisticated legal system including a reasonable force doctrine, victim’s rights and civil litigation for damages. The ethic of the bushido code may have discouraged samari and other martial artists from the indiscriminate use of the deadly techniques they had perfected, but it did not impose the degree of legal oversight facing marital artists of today.

A martial artist forced to use his training in a real-like situation will, in almost all cases, be required to justify his actions in a legal setting. This setting may vary from a simple ordinance charge of disorderly conduct, to a criminal charge of assault and battery or even homicide, to a civil law suit seeking damages for intentional infliction of injury.
Martial artists are trained through many hours of self defense drills, one (or multiple) step drills, katas and sparing to use a huge collection of techniques: strikes, kicks, blocks, throws and sweeps, designed to make forcible contact with various part of the opponent’s body, to overpower him and defeat him. The choice of technique used in training is governed by: 1) the position of the martial artist’s body in relation to the opponent’s body (front, side, back), 2) the distance between them, and 3) the technique that would logically follow the prior technique just delivered or the block made of the opponent’s attack. In law, however, the “proper” technique is governed by one, utterly different standard: the reasonable force doctrine. The consequences of not choosing the correct technique in law can be catastrophic for the martial artist (and the opponent.) Every martial artist’s fantasy of finally using his training successfully in a real fight to protect himself or other innocents, should be followed by the very real nightmare of being told in a court of law that the techniques he so successfully used do not meet the reasonable force standard and he will either be punished as a criminal or held liable for the opponent’s damages.

To be martial artists in 21st Century America, we must face the reality of the standards imposed upon us by our society. We must train with knowledge and understanding of the consequences of our art. As instructors, we have an enormous responsibility to give this knowledge and understanding to our students.