Which of the following is NOT one of the elements necessary to justify the use of deadly force?

In the context of self-defense or the justification for the use of deadly force, the elements commonly recognized are ability, opportunity, and jeopardy.

• Ability refers to whether the assailant has the physical capability to inflict serious harm or death. This requires an assessment of whether the aggressor is equipped, either through physical strength or with a weapon, to pose a real threat.

• Opportunity pertains to the assailant’s capability to act on that ability in the immediate context. This means the assailant is in a position to use their ability to cause harm.

• Jeopardy indicates that the victim is in immediate danger of death or serious bodily harm, requiring an urgent response to mitigate that threat.

The element of malice, however, is not a necessary criterion to justify the use of deadly force. Malice generally refers to a wrongful intention or desire to inflict injury, which does not factor into the immediate assessment of whether the use of force is justified. In the evaluation of self-defense situations, the focus is on whether there is a reasonable perception of a threat rather than the intent of the aggressor. Therefore, identifying malice as a necessary element does not align with the criteria that