Use of deadly force is determined to be justifiable or not in the eyes of the courts and/or a jury. Of the many factors that come into play regarding use of force, the determination whether the use of force was justified or not, depends on the defendant demonstrating that three criteria were present in the incident: Ability, Opportunity and Jeopardy, or AOJ.
Ability: Ability is most commonly associated with some kind of weapon, whether hands and feet, gun, knife, ink pen or a bag of frozen squirrels (watch Sean Maloney's seminar video above for more on this). In order for use of force to be justifiable under the law, your attacker must have the power — or ability — to cause serious bodily injury or death. He or she must be strong enough and have the capability to do you harm to a level that would justify a deadly force response.
Courts also take into consideration the concept of disparity of force. A large muscular person can have a force advantage over a smaller, less athletic person. A man can have a force advantage over a woman due to size and strength differences.
Opportunity: Opportunity is the second component of AOJ that must be demonstrated to a jury to justify the use of deadly force. The person with the ability to attack you with lethal force must also have the opportunity to do so, and do so immediately. Distance or proximity to you is the most important factor regarding opportunity.
Jeopardy: The third component in the AOJ triad is jeopardy. In order to fulfill the jeopardy criteria, you must demonstrate that the attacker clearly indicated that he was going to carry out an attack. Jeopardy speaks to the attacker's intent. This can be either through words such as a direct threat to do harm, or actions, such as moving toward you in a threatening manner, or both. Like opportunity, jeopardy must also be immediate to justify a lethal response, and a defendant must demonstrate that he or she acted in a manner consistent with the
Reasonable Person Standard:
It is important to understand that the justification of self-defense will be analyzed under the
Reasonable Person Standard. This standard is described by Sean Maloney in his seminar as "what would a reasonable, prudent person have done in the same situation knowing what the defendant knew." The presence of Ability, Opportunity and Jeopardy will be analyzed from this standard.
Ability, Opportunity, Jeopardy | Second Call Defense