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 Arkansas, as in other states, prosecutorial discretion is the authority granted to prosecutors, such as the United States Attorney or state District Attorney, to make decisions regarding whether to charge an individual with a crime and what specific charges to file. This discretion extends to determining the severity of the charges and the penalties to pursue. The basis for this discretion lies in the principle that prosecutors must prioritize cases and resources, and thus they have the autonomy to decide which cases to pursue based on the evidence, the seriousness of the offense, and the interests of justice. While this discretion is broad, it is not absolute and is subject to legal and ethical constraints. Prosecutors are accountable to the public through the electoral process, as they can be voted out of office if the electorate is dissatisfied with their performance or decisions. Additionally, prosecutorial decisions may be reviewed by courts for abuses of discretion, and prosecutors must operate within the bounds of the law and professional ethics. Police officers also exercise a form of prosecutorial discretion when deciding whether to issue citations or warnings for minor offenses such as speeding.