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 Minnesota, prosecutorial discretion is the power vested in prosecuting authorities, such as the County Attorney or the State's Attorney, to determine whether to charge an individual with a crime and what specific charges to file. This discretion extends to decisions about plea bargains, the severity of charges, and the resources allocated to each case. Prosecutors are expected to exercise this discretion fairly and impartially, guided by considerations of legal merit, the interests of justice, and the enforcement priorities of their jurisdiction. While they have significant autonomy, their actions are subject to checks and balances, including ethical standards, oversight by the courts, and ultimately, accountability to the public through elections. Police officers also exercise a form of prosecutorial discretion when deciding whether to issue citations or warnings for minor offenses. The broad authority of prosecutors in Minnesota is balanced by the democratic process, which allows citizens to influence prosecutorial policies indirectly through the election of officials who appoint prosecutors or directly in jurisdictions where prosecutors are elected.