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 Iowa, as in other states, prosecutorial discretion is a significant aspect of the criminal justice system. This discretion allows county attorneys (the equivalent of district attorneys in some states) and other prosecutors to decide whether to file charges against an individual, which charges to file, and what penalties to seek. This decision-making power extends to considerations of the strength of the evidence, the seriousness of the offense, the defendant's criminal history, and the interests of the community. Prosecutorial discretion in Iowa is guided by state statutes, ethical rules, and case law, but it is also subject to checks and balances, including the possibility of being held accountable by the public through elections. Police officers in Iowa also exercise a form of prosecutorial discretion when they decide whether to issue a citation or a warning for minor offenses such as traffic violations. The exercise of this discretion is expected to be fair, consistent, and in pursuit of justice.