Reasonableness

Caveat: This article is mine and mine alone. I the author of this article assure you, the reader, that any of the opinions expressed here are my own and are a result of the way in which my meandering mind interprets a particular situation and/or concept. The views expressed here are solely those of the author in his private capacity and do not in any way represent the views of other martial arts and/or conflict/violence professionals or authors of source materials. It should be quite obvious that the sources I used herein have not approved, endorsed, embraced, friended, liked, tweeted or authorized this article. (Everything I think and write is true, within the limits of my knowledge and understanding. Oh, and just because I wrote it and just because it sounds reasonable and just because it makes sense, does not mean it is true.) 

Please make note that this article/post is my personal analysis of the subject and the information used was chosen or picked by me. It is not an analysis piece because it lacks complete and comprehensive research, it was not adequately and completely investigated and it is not balanced, i.e., it is my personal view without the views of others including subject experts, etc. Look at this as “Infotainment rather then expert research.” This is an opinion/editorial article/post meant to persuade the reader to think, decide and accept or reject my premise. It is an attempt to cause change or reinforce attitudes, beliefs and values as they apply to martial arts and/or self-defense. It is merely a commentary on the subject in the particular article presented.

Here is where I get a bit more nervous, reasonableness seems very subjective dependent upon other humans whose perceptions, perspectives, culture and cultural beleifs along with experiences can really create a conundrum for those who are required to claim self-defense. 

This comes down to someone else determining whether all you thought, said and did in your acts of self-defense were “Reasonable.” Here are some generalities on reasonableness (remember, see legal professionals on this before you rely on any of it).

In their determinations you must show, articulate and prove that your belief in defending an innocent person was a reasonable belief?
In their determinations you must show, articulate and prove that the danger was imminent and your view was reasonable?
In their determinations you must show, articulate and prove that your estimate of the level of force your attacker was using and/or threatening you with is equal or grater than the forces you used in response, reasonable?
In their determinations you must show, articulate and prove that your decision as to a safe way to retreat was a reasonable decision?

If any of the above fail to show, articulate and prove reasonable then your self-defense just went into the toilette, flushed away. Then we have to find out what “constitutes reasonableness.”  The legal system uses two standards (see your local laws and get advice form legal professionals) to define reasonableness, i.e., one is objective and the other is subjective. 

Objective: This uses some terminology some of you may be familiar with, “A Reasonable and Prudent Person.” Think of the legal system with a fictional person who is expected to be that reasonable and prudent person who is supposed to do everything they way it is supposed to be done - now ain’t that really crystal clear. If that fictional person would have done the same as you did in self-defense then they will determine it as reasonable. Uh-oh, can anyone else see how that can run - who determines what is used to provide this fictional person as either reasonable and prudent or not, i.e., what criteria is to be considered reasonable and prudent - Arghhh, there are going to be assumptions as to this fictitious persons character and personality, i.e., ordinary (by what standard?), responsible (by what standard?), sober, and slow to anger, etc. He knows the basic facts of the world but no educational advantages beyond that level and so on. Lets just say that this fictitious person is expected to be what most would accept as a normal ideal person. Once they get to this guy then a bit of additional character and personality must be programmed in so he will be a bit more like you, the defendant. He is provided a bit more of your particular mental and physical attributes, etc., then he must be put into the situation you were in when you applied your self-defense, defense. Now, we must determine if this fictitious person would have done the same exact thing you did in the same exact situation and under the same exact circumstances. Then you will have the opportunity to educate this fictitious person with specialized knowledge such as does he know about the “Tueller Drill,” and so on to support your defense. Yeah Expert Witnesses! See the references to go into greater detail and seek legal advice. (“What would this fictitious person do - in similar circumstances and possessing your physical and (reasonable) mental characteristics and knowledge?”)

Subjective: This one takes a look from a perspective of, “Did you actually believe what you were doing was legitimate.” For instance and assuming you actually provide objective reasoning you were NOT ACTUALLY in FEAR, then trying to harm your attacker could NOT be subjectively reasonable. If a prosecutor can prove that you did not actually believe that the threat was imminent, etc., you failed in meeting the principles then your actions were not reasonable. Note: Actions tend to undermine your reasonableness that words. 

Presumptions of Reasonableness: This is a legal thing that is used the same way that your “Innocence is presumed” until found guilty, etc. You are assumed reasonable until proven to be unreasonable. Not all states have this so check your state and seek out legal advice from a legal professional. Let me just say that as I understand it in layman’s terms, having a presumption of reasonableness along with an assumption of innocence goes a lot further to support your case when the jurors are instructed in both. If your state has it, consider it your luck and make sure your attorney tells you all about it as a professional. 

Primary Bibliography of Self-Defense (Some titles have RBC drills included):
MacYoung, Marc. "In the Name of Self-Defense: What It Costs. When It’s Worth It." Marc MacYoung. 2014.
Miller, Rory Sgt. "Meditations of Violence: A Comparison of Martial Arts Training & Real World Violence" YMAA Publishing. 2008.

Bibliography Articles on Self-Defense/Conflict/Violence

The main page leading to the articles I have chosen as a starting point to attain knowledge of conflict, violence and self-defense is: http://ymaa.com/articles/society-and-self-defense where you can navigate to the below or you can simply find a title below and click for direct access to the articles. Most of these are actually introductions to the references written by the authors themselves. It is advisable to start here then move on to the more in-depth stuff in their publications. This section will get you a beginning understanding necessary in phase one of learning self-defense. 

I.M.O.P. Principle—Intent, Means, Opportunity and Preclusion http://ymaa.com/articles/2014/10/imop-principle-intent-means-opportunity-and-preclusion
Introduction to Violence: Scale of Force Options http://ymaa.com/articles/introduction-to-violence-scale-of-force-options
Facing Violence: The Unconscious Stuff-Finding Your Glitches http://ymaa.com/articles/facing-violence-the-unconscious-stuff
Violence: What Everyone Needs to Know About Fighting http://ymaa.com/articles/violence-what-everyone-needs-to-know-about-fighting

Secondary Bibliography of Self-Defense (Some titles have RBC drills included):
Ayoob, Massad. “Deadly Force: Understanding Your Right to Self-Defense”Gun Digest Books. Krouse Publications. Wisconsin. 2014.
Branca, Andrew F. “The Law of Self Defense: The Indispensable Guide to the Armed Citizen.” Law of Self Defense LLC. 2013.
Goleman, Daniel. "Emotional Intelligence: 10th Anniversary Edition [Kindle Edition]." Bantam. January 11, 2012.
Miller, Rory. "ConCom: Conflict Communications A New Paradigm in Conscious Communication." Amazon Digital Services, Inc. 2014. 
Miller, Rory and Kane, Lawrence A. "Scaling Force: Dynamic Decision-making under Threat of Violence." YMAA Publisher. New Hampshire. 2012
Miller, Rory. "Force Decisions: A Citizen's Guide." YMAA Publications. NH. 2012.
Miller, Rory Sgt. "Facing Violence: Preparing for the Unexpected." YMAA Publishing. 2011.
Miller, Rory. “The Practical Problem of Teaching Self-Defense.” YMAA. January 19, 2015. http://ymaa.com/articles/2015/1/the-practical-problem-of-teaching-self-defense
Elgin, Suzette Haden, Ph.D. "More on the Gentle Art of Verbal Self-Defense." Prentice Hall. New Jersey. 1983.
Elgin, Suzette. "The Last Word on the Gentle Art of Verbal Self-Defense" Barnes & Noble. 1995
Morris, Desmond. “Manwatching: A Field Guide to Human Behavior.” Harry N. Abrams. April 1979.
MacYoung, Marc. “Writing Violence #1: Getting Shot.” NNSD. Amazon Digital. 2014.
MacYoung, Marc. “Writing Violence #2: Getting Stabbed.”  NNSD. Amazon Digital. 2015.
MacYoung, Marc. “Writing Violence #3: Getting Hit and Hitting.” Amazon Digital Services, inc. NNSD. April 20. 2015. 
Elgin, Suzette. "The Gentle Art of Verbal Self-Defense" Barnes & Noble. 1993.
Elgin, Suzette. "The Gentle Art of Written Self-Defense" MJF Books. 1997.
Maffetone, Philip Dr. “The Maffetone Method: The Holistic, Low-stress, No-Pain Way to Exceptional Fitness.” McGraw Hill, New York. 2000
Strong, Sanford. “Strong on Defense_ Survival Rules to Protect you and your Family from Crime.” Pocket Books. New York. 1996.
and more … see blog bibliography.
Jahn, C. R. “FTW Self Defense.” iUniverse. Amazon Digital Services. 2012
Jahn, C. R. “Hardcore Self Defense.” iUniverse. Amazon Digital Services. 2002.

Bibliography of RBC Drills (Some titles have RBC drills included):
MacYoung, Marc. "In the Name of Self-Defense: What It Costs. When It’s Worth It." Marc MacYoung. 2014.
MacYoung, Marc (Animal). “Taking It to the Street: Making Your Martial Art Street Effective.” Paladin Press. Boulder, Colorado. 1999.
MacYoung, Marc. "A Professional's Guide to Ending Violence Quickly: How Bouncers, Bodyguards, and Other Security Professionals Handle Ugly Situations." Paladin Press. Boulder, Colorado. 1996.
Miller, Rory. “Drills: Training for the Sudden Violence.” Amazon Digital Services, inc. Smashwords. 2011.
Quinn, Peyton. “Real Fighting: Adrenaline Stress Conditioning Through Scenario-Based Training.” Paladin Press. Amazon Digital Services, inc. 1996

My Blog Bibliography
Cornered Cat (Scratching Post): http://www.corneredcat.com/scratching-post/
Kodokan Boston: http://kodokanboston.org
Mario McKenna (Kowakan): http://www.kowakan.com
Wim Demeere’s Blog: http://www.wimsblog.com
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