District and county attorneys who refuse to prosecute certain crimes have been linked to rising violent and property crime rates in several major U.S. cities, according to a new report from the Texas Public Policy Foundation. The report examines what it calls "rogue prosecutors"—elected officials who implement blanket non-prosecution policies for offenses like drug possession, prostitution, and theft—and finds that cities under their leadership experienced increases in murder, aggravated assault, and motor vehicle theft between 2016 and 2024, even as national crime rates declined. The study analyzes FBI crime data from nine major cities and evaluates state-level policy responses aimed at ensuring prosecutors fulfill their legal duties.
The report documents dramatic crime increases in cities with prosecutors who adopted reformist policies. Austin, Texas saw its homicide rate climb over 60% between 2016 and 2024, while aggravated assaults rose more than 40% and motor vehicle thefts nearly doubled. Philadelphia experienced a 20% rise in aggravated assaults and a 43% increase in overall property crime during the same period, with motor vehicle thefts nearly tripling. Minneapolis recorded a 112% spike in homicides, while Chicago saw property crime rise 5% and motor vehicle thefts nearly double. Baltimore's motor vehicle theft rate also surged dramatically during this timeframe, according to FBI data analyzed in the report.
"Rogue prosecutors are undermining laws throughout the nation, issuing official memos or informal orders to not prosecute certain types or classes of crimes," the report states. In Philadelphia, District Attorney Larry Krasner declined charges for prostitution, marijuana possession, and other offenses while ordering prosecutors to seek no bail in retail theft cases. Los Angeles County's George Gascon announced his office would stop prosecuting trespassing, drug possession, loitering, and resisting arrest. Travis County's Jose Garza in Austin has reportedly refused to prosecute abortion or drug possession cases and has "fumbled high profile homicide cases, releasing dangerous offenders back onto the streets," according to the report. A 2024 Bureau of Justice Statistics survey found that 41% of property crime victims and 23.3% of violent crime victims didn't report crimes because they believed police "could not or would not do anything."
The report argues these prosecutors violate their sworn duties by implementing policies that contradict state law, undermining both public safety and the rule of law. Several have faced removal efforts: Florida Governor Ron DeSantis suspended Hillsborough County's Andrew Warren in 2022 for refusing to enforce laws on abortion and gender-affirming care, a decision upheld by the state Supreme Court. Philadelphia voters impeached Krasner in 2022, though he wasn't removed due to a procedural technicality. San Francisco recalled Chesa Boudin in 2022 after just 18 months in office following increases in theft and organized crime. The report notes that research shows "when prosecutors have higher conviction rates, mortality rates decline," suggesting prosecutorial decisions have measurable public health impacts. Texas passed legislation in 2023 redefining prosecutorial misconduct to allow removal for blanket non-prosecution policies, though the law only covers written policies—a loophole the report says allows prosecutors like Garza to continue using informal office guidance.
The report recommends Texas create a Chief State Prosecutor with statewide authority to prosecute cases local officials refuse, establish an oversight commission with removal powers, form regional judicial districts, or expand the attorney general's prosecutorial authority. "Texans' access to justice should not be dependent on where they reside in the state," the authors write, arguing for uniform enforcement across all 254 counties. Twenty-nine states already allow citizen-initiated recalls of prosecutors, spanning the political spectrum. The report warns that without stronger accountability mechanisms, crime victims will continue to be denied justice while public trust in the legal system erodes further.