While there is no national definition, the United States Supreme Court has created legal standards for use of force through two key decisions.
"[9] Current local and state doctrines vary in defining these decisions and are tested in civil lawsuits and criminal prosecutions on a case-by-case basis.
[10] If a case where the use of force has been applied unevenly based on a suspect's race, sex, disability, religion, or national origin, the Civil Rights Division of the United States Department of Justice is empowered to bring charges for breaking Federal law governing civil rights.
[11][12] When the Department of Justice investigates a pattern of use of force abuses, it can work with a state or agency to create new policies that align with national law and precedent.
[17] The court found that the Missouri statute authorizing the use of deadly force by police attempting to arrest any fleeing felon was unconstitutional as "an arbitrary imposition of death" and violation of due process.
[16] In Tennessee v. Garner, Justice Byron White wrote for the Majority opinion addressing the legal issue as whether the totality of the circumstances justified the deadly force.
The legal concept derives from a prior decision in Terry v. Ohio (1968) where court recognized law enforcement's right to stop a possible suspect for a brief time and take additional steps to investigate further.