Abstract

Police use force in high-stakes situations: as state agents, they are obligated to balance the suspect’s right to security against the community members’ right to safety. Currently, the doctrine of qualified immunity (DQI) overprotects police officers, which facilitates the use of illegitimate force. In section I, I survey the theoretical concerns motivating my inquiry into police authority. Section II develops these moral concerns by analyzing two deleterious effects of the DQI. Then, in section III, I show a proper conception of authority to be essential to balancing the two aforementioned rights and argue that the doctrine breeds excessive use of force because it fails to ensure police legitimacy. I finish by suggesting how we should restrict police immunity.