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 South Carolina, as in other states, prosecutorial discretion is a significant aspect of the criminal justice system. This discretion allows prosecutors, such as the state's District Attorneys, to determine whether to charge an individual with a crime, what charges to file, and what penalties to pursue. This decision-making power extends to plea bargaining, dismissing charges, and recommending sentences. Prosecutorial discretion is guided by considerations of legal sufficiency, resource allocation, and the interests of justice. While this discretion is broad, it is not absolute and is subject to checks and balances, including ethical guidelines, 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 a citation or a warning for minor offenses like speeding. The exercise of this discretion is intended to allow law enforcement and prosecutors to effectively manage their resources and focus on more serious offenses, while also considering the individual circumstances of each case.