flatlander said:
Hey, this is an awesome point here. Does being disadvataged change the context of use of force for the defender? Does this provide justification to "up the heat"?
MJS said:
Thats a good question! If you had an elderly person who walked with a cane, and he/she used it in SD, would that have a negative look in the eyes of the law?
In my opinion, being injured, incapacitated, or otherwise disadvantaged
is justification to use a higher level of force whether that means a different type of technique (strikes to the throat, knees, or other techniques that inflict serious damage), or the use of a weapon. Think of it this way: a weapon is a force-multiplier used to compensate for a disparity of force on the part of the participants. In other words, if I'm fighting a guy that's exactly the same size and strength and who possesses an equal level of skill but he has a weapon, I am at a disadvantage. Therefore I would be justified in using a weapon to negate his advantage. Along the same lines, if fighter "A" is a woman that is 5' tall and 100 lbs. and fighter "B" is a man that's 6'4" tall and 250 lbs. fighter "A" (the woman) would, in most cases, be justified, due to the disparity of force, in using a weapon even if fighter "B" was unarmed. Continuing this logic, if I am fighing someone the same size, strength, etc. as me but I am injured or otherwise disadvantaged, I would, in most cases, be justified in using a weapon to compensate for my opponent's advantage.
Interestingly enough, we dealt with this issue in class earlier tonight. We were doing some spontaneous fighting (similar to sparring but anything goes: locks, take-downs, etc.) and the instructor had us do one round in which we could not use our legs (in other words, no kicks, knees, or sweeps). Then we did a round were we could not use our arms or hands. For me, it was much harder to "give up" the use of my hands that it was to not use my feet. Obviously, if you are injured or incapacitated to the point where you're not even mobile you've got problems. If it's just an issue of whether or not you can kick (tight pants, bad footwear, etc.) I still feel comfortable with my abilty to respond effectively using only my hands to strike.