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 Illinois, prosecutorial discretion is the power vested in prosecutors, such as State's Attorneys at the county level or the Illinois Attorney General at the state level, to determine whether to charge an individual with a crime and what specific charges to file. This discretion extends to decisions on whether to offer plea bargains, what sentencing recommendations to make to the court, and whether to dismiss charges. Prosecutorial discretion is guided by considerations of legal sufficiency, resource allocation, and the interests of justice, but it is not absolute and is subject to checks and balances. For instance, prosecutorial decisions can be reviewed by the courts for abuses of discretion, and prosecutors are accountable to the public through the electoral process. Additionally, law enforcement officers, such as police, also exercise discretion in their enforcement activities, including the decision to issue citations or warnings for traffic violations. However, their discretion is often guided by departmental policies and is subject to oversight by their chain of command and civilian review boards.