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 Idaho, as in other states, prosecutorial discretion is a significant aspect of the criminal justice system. This discretion allows prosecutors, such as state 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 can include decisions on whether to pursue a case at all, whether to dismiss charges, and whether to enter into plea agreements. Prosecutorial discretion in Idaho 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 also exercise a form of prosecutorial discretion when deciding whether to issue a citation or a warning for minor offenses like speeding. The exercise of this discretion is meant to allow for the efficient allocation of limited resources and to enable the tailoring of the justice system's response to the specific circumstances of each case.