What does 'prosecutorial discretion' refer to?

Prosecutorial discretion refers specifically to the authority that prosecutors have to decide whether or not to bring charges against a person and what charges to bring. This decision-making power allows prosecutors to assess the evidence, the severity of the crime, the interests of justice, and various other considerations before initiating legal action.

By exercising this discretion, a prosecutor can choose to pursue certain cases while potentially declining others based on factors like resource availability, strength of evidence, and the circumstances surrounding the case. This flexibility enables the legal system to prioritize cases that are deemed most pressing or relevant to the public interest.

Understanding this concept is crucial, as it highlights the significant role that prosecutors play in the criminal justice system, influencing not only individual cases but also broader enforcement priorities. Other options represent different roles within the legal system that do not encompass the specific authority exercised by prosecutors regarding the decision to file charges.