What does "prosecutorial discretion" allow a prosecutor to do?

Prosecutorial discretion refers to the authority of a prosecutor to make various decisions regarding criminal cases. This includes the ability to decide whether or not to file charges against an individual accused of a crime, as well as determining the specific charges that will be brought based on the evidence available and the circumstances of the case.

This decision-making power is crucial in the legal system because it allows prosecutors to prioritize cases, focus resources on the most serious offenses, and consider factors such as the likelihood of conviction, the interests of justice, and the potential impact on the community. By exercising discretion, prosecutors can decide to pursue charges in cases where there is sufficient evidence, while also having the ability to decline to prosecute cases that may not meet the threshold for a successful conviction or that may involve mitigating circumstances.

Other choices involve responsibilities that do not fall within the typical scope of a prosecutor's discretion. For instance, setting penalties is generally a matter for the judiciary, the venue of a trial is usually determined based on legal jurisdictional rules, and assessing witness credibility is the role of the judge or jury during the trial process. Thus, the specific authority to decide whether to file charges and which ones to pursue is emblematic of prosecutorial discretion.