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 Missouri, as in other states, prosecutorial discretion is a fundamental 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 penalties to seek. This decision-making power extends to considerations of the strength of the evidence, the seriousness of the offense, and the interests of justice. Prosecutorial discretion also encompasses the ability to offer plea bargains, decide whether to seek the death penalty in capital cases, and determine the priority of cases to prosecute. While this discretion is broad, it is not absolute and is subject to legal and ethical constraints. Prosecutors are accountable to the public and can be removed from office through elections or, in some cases, impeachment. Additionally, police officers exercise a form of prosecutorial discretion when deciding whether to issue citations or warnings for minor offenses like speeding. The exercise of this discretion is intended to allow law enforcement and prosecutors to efficiently allocate resources and address the most pressing public safety concerns.