Blurred Lines: An Analysis of Whether Prosecutorial Discretion Extends to Lessening a Sentence Ex-Post in Light of the Separation of Powers Doctrine
Mikaela Meyer | Vol. 22 | Online | Citation: Mikaela Meyer, Blurred Lines: An Analysis of Whether Prosecutorial Discretion Extends to Lessening a Sentence Ex-Post in Light of the Separation of Powers Doctrine, 22 U. Pa. J. Const. L. Online (2020).
As the trend of expanding prosecutorial powers continues, it is important to consider: What are the bounds of this power? This comment analyzes the recent conduct of Philadelphia District Attorney Larry Krasner, in the case Commonwealth v. Brown, where he attempted to alter a defendant's imposed sentence ex post, and argued that this was within the realm of prosecutorial discretion. The Pennsylvania Supreme Court rejected this argument, and other prosecutors have made similar arguments to little avail. This comment considers the original intent behind prosecutorial discretion, the trend in expanding this power, and what arguments could be made to allow prosecutors the ability to alter imposed sentences.