Prosecutorial discretion generally refers to the authority of a prosecuting officer or agency (United States Attorney or state District Attorney) to decide what if any criminal charges to bring against a person or persons, and what punishment or sentence to seek. Prosecutorial discretion may also be used by a police officer, for example, in deciding whether to issue a driver a speeding citation (ticket) or a warning.

Prosecutors generally have broad authority to make such decisions—subject to the right of the citizens to remove them from office, directly or indirectly, in the voting or election process.

In Alaska, as in other states, prosecutorial discretion is a significant aspect of the criminal justice system. This discretion allows state District Attorneys and United States Attorneys to determine whether to file charges against an individual, which charges to file, and what penalties to pursue. These decisions are based on various factors, including the strength of the evidence, the seriousness of the offense, and the resources available. Prosecutorial discretion in Alaska is subject to checks and balances, including the possibility of disciplinary action for misconduct and the democratic process, where citizens can influence prosecutorial policies through elections. Police officers in Alaska also exercise a form of prosecutorial discretion when deciding whether to issue a citation or a warning for minor offenses like speeding. The broad authority granted to prosecutors and law enforcement officers is designed to allow for flexibility and efficiency in the legal system, but it also comes with the responsibility to act fairly and justly.