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What is prosecutorial discretion?
Prosecutorial discretion is the authority of an agency or officer to decide what charges to bring and how to pursue each case. A police officer who decides not to give you a speeding ticket has favorably exercised prosecutorial discretion. The authority to exercise discretion in deciding when to prosecute and when not to prosecute based on a priority system has long been recognized as a critical part of U.S. law. The concept of prosecutorial discretion applies in civil, administrative, and criminal contexts.