Meaning & use
prosecutorial discretion
Last updated
Meaning
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 ______.'
Choose one answer.
'Prosecutorial discretion' is the correct term for the prosecutor's power to decide whether to charge. 'Judicial discretion' refers to a judge's power, not the prosecutor's. The other options are grammatically incorrect.
Make it your own
Write a sentence using “prosecutorial discretion”, then check it and compare it with the examples above.