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 Dakota, prosecutorial discretion is the authority granted to prosecutors, such as State's Attorneys at the county level or the Attorney General at the state level, to decide 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 must operate within the bounds of the law and ethical guidelines, but they have significant leeway in determining how to pursue each case. This discretion is a fundamental aspect of the criminal justice system, allowing prosecutors to consider the specifics of each situation, including the strength of the evidence, the seriousness of the offense, and the interests of justice. While they have this authority, prosecutors are also accountable to the public through elections, and their decisions can be reviewed by judges and appellate courts. Police officers in South Dakota also exercise a form of prosecutorial discretion when deciding whether to issue citations or warnings for minor offenses. The exercise of prosecutorial discretion is subject to review, but it is generally respected as a necessary component of effective law enforcement and administration of justice.