What is "prosecutorial discretion"?

Prosecutorial discretion refers to the authority that prosecutors have to make decisions about whether to bring criminal charges against an individual. This power encompasses evaluating the evidence available, considering the severity of the offense, the circumstances surrounding the case, and the potential public interest in prosecution. In many instances, prosecutors may choose not to pursue charges even if there is sufficient evidence, often based on factors such as the likelihood of securing a conviction, resource allocation, or the potential impact on the accused's life.

The other options do touch on aspects related to the role of prosecutors, but they do not capture the essence of what prosecutorial discretion means. For example, the power to present evidence in court is an essential function of a prosecutor but does not reflect their decision-making authority regarding whether to initiate charges. Similarly, while negotiating plea deals is a part of the prosecution process, it is a result of the decisions made within the framework of discretion rather than an independent definition of it. Lastly, the mandate to pursue every alleged crime without exception contradicts the principle of prosecutorial discretion, which inherently involves selective enforcement based on various considerations. Thus, the definition aligns specifically with the authority to decide whether to charge someone with a crime, making it the most accurate choice.