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 Tennessee, as in other states, prosecutorial discretion is a significant aspect of the criminal justice system. It refers to the power of prosecutors, such as District Attorneys, to determine whether to charge an individual with a crime and what 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 use their discretion to pursue justice fairly and effectively, taking into account the evidence, the seriousness of the offense, and the interests of the community. While they have wide latitude in these decisions, prosecutors are also accountable to the public. They can be subject to professional disciplinary actions for misconduct and are ultimately answerable to voters, as they are elected officials in Tennessee. The public can indirectly influence prosecutorial policies and practices through the electoral process, by voting for or against them based on their performance and decisions in office.