The Lawfare Podcast Lawfare Archive: How the Police Became Untouchable
Jul 19, 2025
Joanna Schwartz, a law professor at UCLA and author of "Shielded: How the Police Became Untouchable," dives deep into the pervasive issues of police accountability. She discusses the shocking fact that charges against officers in killings happen in less than 2% of cases due to systemic biases and qualified immunity. Joanna also highlights the challenges victims face in civil rights litigation and advocates for necessary reforms in policing policies. Their conversation sheds light on the urgent need for legislative changes and more robust oversight to protect civil rights.
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Police Authority and Accountability Gap
- Police have extraordinary authority and discretion, which can lead to abuse without accountability.
- Effective systems to hold police accountable through prosecution or discipline are largely absent.
Civil Lawsuits Shield Police
- Civil lawsuits allow victims to seek justice independently of prosecutors or internal affairs.
- Yet numerous legal barriers effectively shield police from accountability even in civil litigation.
Harlow Case Shaped Qualified Immunity
- The 1982 Harlow decision shifted qualified immunity to an objective "clearly established law" standard.
- It aimed to dismiss insubstantial cases early to save officers from litigation burdens and deter incompetent officers from serving.
