What does prosecutorial discretion allow prosecutors to do?

Prosecutorial discretion is a fundamental aspect of the criminal justice system that empowers prosecutors to make decisions regarding how to pursue cases. This includes the ability to decide whether to initiate criminal charges based on the evidence available, the severity of the offense, public interest, and other relevant factors. Additionally, prosecutors manage the progression of cases through the judicial system, including plea bargaining and negotiation with defense counsel.

By allowing prosecutors to exercise their judgment in these areas, prosecutorial discretion plays a critical role in shaping the enforcement of laws and thereby influences overall justice. This autonomy helps to prioritize cases that warrant prosecution based on their significance and the resources available, which can ultimately impact the efficiency and effectiveness of the legal process. Understanding this concept is crucial for students studying prosecution and adjudication, as it reflects the balance between law enforcement and the rights of defendants within the justice system.