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 Hawaii, as in other states, prosecutorial discretion is a significant aspect of the criminal justice system. This discretion allows prosecutors, such as the state's District Attorneys, to determine whether to file charges against an individual, which charges to file, and what kind of sentence to recommend or plea bargain to offer. The scope of this discretion is broad, but it is not unlimited. Prosecutors must operate within the bounds of the law and ethical guidelines, and their decisions can be subject to judicial review. Additionally, prosecutorial discretion extends to law enforcement officers in Hawaii, who may exercise judgment in issuing citations or warnings for minor offenses like speeding. The citizens of Hawaii have the power to hold prosecutors accountable through the electoral process, as prosecutors are typically elected officials or appointed by elected officials. This democratic oversight serves as a check on the exercise of prosecutorial discretion.