Legalized police impunity in the modern carceral state

The extant state crime literature does not theorize the legalized production of police impunity within the contemporary carceral state. Building on policing scholarship that has considered the role of law in enabling police impunity, I contend that police are structurally protected by legal provisions. Laws that immunize officers (e.g. qualified immunity) effectively neutralize legalized accountability mechanisms (e.g. civil lawsuits). Thus, this legalized impunity infrastructure produces what I term legalized police impunity . To illustrate this, I develop a theoretical framework using Weber's legal typology to explain why and how police enjoy near absolute impunity. Implications of the legalized production of police impunity are discussed, and future research directions proposed.

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Publication Details

Journal
Punishment & Society
Published
2026-04-25
DOI
https://doi.org/10.1177/14624745261444368
Primary Topic
Policing Practices and Perceptions
Type
article
Field-Weighted Citation Impact
0.00
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article

Legalized police impunity in the modern carceral state

Stephen Wulff
Punishment & Society
Policing Practices and Perceptions
article

Legalized police impunity in the modern carceral state

Stephen Wulff
article en

Abstract

The extant state crime literature does not theorize the legalized production of police impunity within the contemporary carceral state. Building on policing scholarship that has considered the role of law in enabling police impunity, I contend that police are structurally protected by legal provisions. Laws that immunize officers (e.g. qualified immunity) effectively neutralize legalized accountability mechanisms (e.g. civil lawsuits). Thus, this legalized impunity infrastructure produces what I term legalized police impunity . To illustrate this, I develop a theoretical framework using Weber's legal typology to explain why and how police enjoy near absolute impunity. Implications of the legalized production of police impunity are discussed, and future research directions proposed.

Punishment & Society
Knoxville College (US), University of Tennessee at Knoxville (US)
Peace, Justice and strong institutions
Openalex Percentile: Top 3%
Policing Practices and Perceptions
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