What does "prosecutional discretion" refer to?

Prosecutorial discretion refers to the authority of prosecutors to decide how to move forward with a case, which includes determining whether to initiate criminal charges, which charges to bring, and whether to offer plea bargains. The choice of processing an individual through the juvenile or criminal justice system specifically falls within this realm, as prosecutors often evaluate the circumstances surrounding a case and the background of the defendant, ultimately making a decision that can significantly influence the outcome of the case.

This discretionary power is crucial because it allows for flexibility in the justice system, enabling prosecutors to prioritize resources and address cases based on individual circumstances rather than adhering to a strict, one-size-fits-all approach. Taking into account factors such as the severity of the offense, the defendant's history, and the broader interests of justice can lead to more tailored and potentially beneficial resolutions. This nuanced approach underscores the vital role of prosecutorial discretion in shaping the pathways individuals may take through the legal system.