Prosecutorial Discretion
/ˌproʊsɪˈkjʊːtɔːriəl dɪsˈkrɛʃən/
Definitions
- (n.) The authority of a prosecutor to decide whether to bring charges, what charges to bring, and how to pursue a criminal case.
The prosecutor exercised prosecutorial discretion by declining to file charges due to insufficient evidence.
- (n.) The power to determine plea bargains, sentencing recommendations, and other decisions during the prosecution process.
Prosecutorial discretion allows flexibility in negotiating plea agreements that serve justice.
Forms
- prosecutorial discretion
Related terms
See also
Commentary
Prosecutorial discretion is a fundamental principle in criminal justice, balancing effective law enforcement with fairness; careful exercise is critical to prevent abuse or arbitrary decisions.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.