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 Rhode Island, prosecutorial discretion is the power vested in prosecutors, such as the state's Attorney General or local District Attorneys, 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 sentencing recommendations. Prosecutorial discretion is guided by considerations of legal merit, resource allocation, and public interest. While this discretion is broad, it is not absolute and is subject to legal and ethical constraints. Prosecutors must operate within the bounds of the law and are accountable to the public through the electoral process. Additionally, their decisions can be subject to judicial review. Police officers also exercise a form of prosecutorial discretion when deciding whether to issue citations or warnings for minor offenses. In all instances, the exercise of discretion must be free from discrimination and arbitrary action.