Philosopher and early romanticist Edmund Burke famously warned, “The greater the power, the more dangerous the abuse.” Nowhere is this assertion more evident than within the American justice system, where ironically, sometimes the people trusted to uphold justice become the ones who betray it first. This phenomenon has become rampant throughout the United States as the justice system continues to protect the perpetrators of injustice over and over again. The case of Curtis McGhee and Terry Harrington presents a prime example. In 1983, Curtis McGhee and Terry Harrington were convicted of murder. 25 years later, their convictions were overturned after an investigation revealed that the prosecutors suppressed evidence during trial. Despite the gravity of the misconduct, when it was time to hold the prosecutors accountable, the Supreme Court ruled that the case was not valid to bring to trial. This is just one instance of many; these incidents are a direct result of prosecutors in the United States being protected through absolute immunity from civil suits for actions that were carried out during official duties, even if these actions violate certain constitutional rights. While absolute prosecutorial immunity was originally established to preserve the independence of prosecutors, the reality of its implementation is drastically different. In reality, it acts as a safeguard for constitutional violations, threatening the integrity of the judicial system, and should be altered to ensure civil accountability during times of misconduct.

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