The Dangers of Denying Prosecutorial Independence: Wrongful Convictions, Official Misconduct, and Public Corruption

Authors

Meagan R. Hurley, Mercer University School of LawFollow

Document Type

Article

Publication Date

2025

Abstract

In recent years, desires to limit prosecutorial discretion have become the focus of a national dialogue on the authority of the elected officials, allegations of their misconduct, and the need for stronger accountability measures. Legislatures across the country have considered a slew of bills aimed at diminishing prosecutorial power by prohibiting “progressive” office policies, creating oversight commissions, and promulgating simplified processes to recall or remove prosecutors entirely. In various jurisdictions, those proposals are now coming to fruition. While heightened scrutiny for some of the legal system’s most powerful leaders may seem attractive, an analysis of national trends aimed at curtailing prosecutorial discretion makes clear that efforts to undermine prosecutors’ most critical function will also limit the appropriate exercise of discretion necessary to remedy a host of systemic inequities. In a politically motivated regime, constraints on prosecutorial discretion may prevent prosecutors from holding the powerful accountable and are far more likely to perpetuate injustice by incentivizing increased prosecution of less significant offenses. Rather than creating new and alternative methods to combat prosecutorial misconduct, however, this Article advocates for improving existing accountability mechanisms that are often ignored or underused, ranging from public rebuke to bar disciplinary proceedings and even criminal prosecution. Focusing primarily on challenges to prosecutorial discretion in Georgia, this Article explores the dangers of denying discretion in conjunction with the very palpable problem of prosecutorial misconduct in the criminal legal system. In cautioning against overly restrictive measures while acknowledging the need for reform to combat misconduct, it offers a solution to address both: ensuring the efficacy and enforcement of existing accountability mechanisms rather than creating new ones. This balanced approach would strengthen prosecutorial accountability without requiring prosecutors to sacrifice the independence necessary to pursue justice.

Recommended Citation

Meagan Hurley, The Dangers of Denying Prosecutorial Independence: Wrongful Convictions, Official Misconduct, and Public Corruption, 55 Stetson L. Rev. 287 (2025).