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 Kansas, as in other states, prosecutorial discretion is a significant aspect of the criminal justice system. This legal principle allows prosecutors, such as District Attorneys, to decide whether to file charges against an individual, which charges to file, and what penalties to pursue. This discretion extends to decisions about plea bargaining, dismissing charges, and recommending sentences. Kansas law grants prosecutors this discretion to ensure that the justice system can operate efficiently and adapt to the specifics of each case. However, this discretion must be exercised within the bounds of the law and ethical guidelines. Prosecutorial decisions are subject to review and can be challenged for abuses of discretion. Additionally, prosecutors are elected officials in Kansas and can be held accountable by the public through the electoral process. Police officers also exercise a form of prosecutorial discretion when they decide whether to issue a citation or warning for minor offenses like speeding. The exercise of this discretion is intended to allow law enforcement to manage resources effectively and address each situation on a case-by-case basis.