What is the common law standard used to assess if the level of force used was appropriate?

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The common law standard for assessing the appropriateness of the level of force used centers around three main elements: Ability, Opportunity, and Jeopardy.

Ability refers to the capacity of a potential attacker to cause harm. This assesses whether the individual had the physical means to inflict injury. Opportunity considers the circumstances that allow an individual to engage in harmful actions against another person, which takes into account the environment and situation surrounding the encounter. Jeopardy speaks to the imminent threat posed by the attacker. This element determines whether the individual was in a position where they were likely to face immediate harm if no force was applied.

By applying these three elements, a clearer understanding emerges regarding whether the response to a perceived threat was necessary and reasonable. This standard aims to ensure that individuals can defend themselves appropriately without resorting to excessive or disproportionate force.

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