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 Massachusetts, prosecutorial discretion is the power vested in prosecutors, such as the United States Attorney at the federal level or the state District Attorney, to determine whether to charge an individual with a crime and what specific charges to file. This discretion extends to decisions about what penalties or sentences to pursue. The scope of this discretion is wide, allowing prosecutors to consider various factors, including the strength of the evidence, the seriousness of the offense, and the interests of justice. Police officers also exercise a form of prosecutorial discretion when deciding whether to issue a citation or a warning for minor offenses like speeding. While prosecutors in Massachusetts have significant autonomy in their decision-making, they are accountable to the public. They can be removed from office through electoral processes, reflecting the principle that prosecutorial powers are ultimately subject to democratic oversight.