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 Wisconsin, prosecutorial discretion is the power vested in prosecuting officers, such as District Attorneys (DAs) at the state level and United States Attorneys at the federal level, to determine whether to charge an individual with a crime and what specific charges to file. This discretion extends to decisions about what penalties or sentences to pursue in a case. Wisconsin's prosecutors are expected to exercise their discretion fairly and within the bounds of the law, considering factors such as the strength of the evidence, the severity of the offense, and the interests of justice. While they have significant autonomy in making these decisions, prosecutors are accountable to the public. They can be subject to removal from office through electoral processes if the public deems their decisions are not in line with societal expectations or legal standards. Additionally, police officers in Wisconsin also have a form of prosecutorial discretion when deciding whether to issue citations or warnings for minor offenses like speeding.