What is "prosecutorial discretion"?

Prosecutorial discretion refers to the authority granted to prosecutors to make decisions about whether to initiate legal action against an individual and, if so, what specific charges to file. This concept is rooted in the prosecutorial role within the criminal justice system, which allows them the flexibility to consider various factors, such as the evidence available, the severity of the crime, the defendant's background, and the interests of justice when deciding how to proceed with a case.

This discretion is critical because it enables prosecutors to prioritize cases, manage limited resources, and contribute to fairer outcomes. For instance, a prosecutor may choose not to pursue charges if the evidence does not strongly support a conviction or if it is determined that a less severe response is warranted in certain circumstances.

Other options describe different aspects of the legal process. For example, determining a defendant's guilt typically falls under the responsibility of a judge or jury during a trial, while negotiating plea deals is a tactic used within the framework of prosecutorial discretion but does not encompass its full meaning. Additionally, the rights afforded to defendants during trial relate to protections established to ensure a fair trial, which is separate from the concept of prosecutorial discretion.