Prosecutorial discretion
Definition
The power of a public prosecutor to decide whether to charge a suspect, what charges to bring, and on what terms to resolve a case. Most systems structure this discretion through formal charging standards or guidelines, but significant latitude remains.
Related terms
- Case attrition
- The cumulative reduction in the number of criminal matters as they pass from offence committed through reporting, recording, charging, and trial to...
- Courtroom workgroup
- The informal cooperative relationship among judges, prosecutors, and defence lawyers who regularly interact in the same court. First described by James Eisenstein...
- Evidential test
- The threshold question that asks whether there is sufficient admissible evidence to give a realistic or reasonable prospect of conviction. It is...
- Nolle prosequi
- A formal decision by the prosecution to discontinue proceedings against a defendant, often recorded as an entry in the court record. It...
- Plea bargain
- An agreement between prosecution and defence in which the defendant pleads guilty, typically in exchange for a reduced charge, a sentencing concession,...
Explained in
- Prosecution, Courts, and Case AttritionThe power of a public prosecutor to decide whether to charge a suspect, what charges to bring, and on what terms to resolve a case. Most systems structure this...