Prosecutorial discretion
From Conservapedia
Prosecutorial discretion is the ability of a prosecutor to decide whether to take a case to trial. He may be consulted before charges are filed or he may decide after charges are filed that prosecuting the case is a waste of time or resources. It may be a trivial matter or simply that he is unlikely to achieve a guilty verdict.
The prosecutor may plea-bargain with an offer of a lesser charge where he feels that will achieve a conviction or where the circumstances of the crime warrant leniency. A plea agreement is rarely rejected by the court if both parties are in agreement.
It is the District Attorney who has the final choice and if his decisions are not popular he would not be re-elected.
This discretion exists in the United States where the District Attorney has a great amount of authority. Other countries may require prosecution regardless of the circumstances.
