The Use of Necessary Force
Self-defense is a justification for a use of force or other action that would otherwise likely be considered criminal. Unlike an excuse, in which the act is mitigated to a less severe crime, a justification exculpates the actor entirely. Because self-defense is a justification, it is subject to conditions of reasonableness and necessity before it can be successfully invoked.
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Reasonableness
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Force can lawfully be applied in instances where the individual using the force had a reasonable belief that force was necessary to protect himself or others from death or serious bodily harm. Courts apply both an objective and subjective standard when determining reasonableness. First, the situation must have been such that any reasonable person would have felt the use of force was necessary. Second, the individual must have actually had that belief at the time the force was used.
Proportionality
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The idea that force must be necessary speaks to the concept of proportionality. For example, being attacked by an unarmed assailant probably doesn't justify the use of deadly force. That assessment might change, however, if the assailant is very large and the victim very small such that a beating could likely be deadly for the victim. Generally, if the application of force was reasonable, courts will accept the actor's assessment of the proportionality and uphold the use of force unless it is manifestly disproportionate.
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Duty to Retreat
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An important factor that varies from state to state is the duty to retreat. In some jurisdictions, force is never necessary if there is a reasonable opportunity to safely retreat from a dangerous situation. Many states do not impose such a duty to retreat. The self-defense justification is never available to an aggressor who instigates a confrontation. An innocent person may become the aggressor, though, if they escalate the situation by threatening or using a level of force disproportionate to the initial attack. Pursuing an attacker after they have attempted to retreat can also make an innocent party the aggressor.
Defense of Property
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As a general rule of law it is permissible to use necessary force to protect property, but not deadly force. The major exception is defense of the home, in which deadly force can be used if there is a reasonable belief the force is necessary to prevent an attack. As of 2006, 15 states had adopted laws recognizing the right to shoot-to-kill at any unlawful intruder into the home. Florida extended this right to motor vehicles.
Law Enforcement
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Police officers are permitted to use force in the course of their duties. Scrutiny of the use of force by police officers is more lenient than for ordinary citizens because of the dangerous nature of the work and the frequent need to make split-second calculations that can have serious ramifications. Police usually get the benefit of the doubt in the use of force when making arrests, serving warrants or entering buildings. The relationship between the need for the force and the force applied, as well as the extent of the injuries caused, are examined when the use of necessary force by police officers is questioned.
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