Meaning & use

prosecutorial discretion

noun·Advanced

Last updated

UK/ˌprɒsɪkjuːˈtɔːriəl dɪˈskreʃn/
US/ˌprɑːsɪkjuːˈtɔːriəl dɪˈskreʃn/

Meaning

  1. noununcountable

    The power of a prosecutor to decide whether to charge someone, what charges to bring, and how to pursue a case.

    Grammar: Used as an uncountable noun; it does not take a plural form.

    Patterns

    • have prosecutorial discretion
    • exercise prosecutorial discretion
    • prosecutorial discretion over something

    The district attorney has broad prosecutorial discretion in deciding which cases to file.

    Critics argue that prosecutorial discretion can lead to unequal treatment for similar offenses.

    The judge noted that the decision to drop the charges was a matter of prosecutorial discretion.

Common combinations

broad prosecutorial discretion
Prosecutors are given broad prosecutorial discretion to handle cases efficiently.
exercise prosecutorial discretion
She exercised prosecutorial discretion and chose not to charge the teenager.
abuse of prosecutorial discretion
The defense claimed an abuse of prosecutorial discretion in the handling of the evidence.
limited prosecutorial discretion
In some jurisdictions, prosecutorial discretion is limited by mandatory sentencing laws.

Synonyms and how they differ

prosecutorial power
A broader term that includes the authority to prosecute but not necessarily the discretion to choose cases.
charging discretion
Focuses specifically on the decision to file charges, while prosecutorial discretion covers all decisions in a case.

Word family

prosecutor noun
The lawyer who conducts criminal proceedings against a defendant.
prosecutorial adjective
Relating to a prosecutor or prosecution.

Commonly confused: prosecutorial discretion or judicial discretion?

prosecutorial discretion vs judicial discretion

Judicial discretion is the judge's power to make decisions within the law, while prosecutorial discretion belongs to the prosecutor.

Practice

Which phrase correctly completes the sentence: 'The prosecutor decided not to file charges, exercising ______.'

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