Legitimate and Illegitimate Uses of Police Force

Abstract

Utilizing a contractualist framework for understanding the basis and limits for the use of force by police, this article offers five limiting principles—respect for status as moral agents, proportionality, minimum force necessary, ends likely to be accomplished, and appropriate motivation—and then discusses uses of force that violate or risk violating those principles. These include, but are not limited to, unseemly invasions, strip searches, perp walks, handcuffing practices, post-chase apprehensions, contempt-of-cop arrests, overuse of intermediate force measures, coerced confessions, profiling, stop and frisk practices, and the administration of street justice.