Mikaela Meyer analyzes the recent case Commonwealth v. Brown, where the Philadelphia District Attorney attempted to alter a defendant's imposed sentence ex post, and argued that this was within the realm of prosecutorial discretion. This article 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.

This article argues that courts or legislatures should prohibit the execution of people with severe mental illness who were significantly impaired by their illness at the time of their crime in light of recent Supreme Court death penalty interpretation of Atkins.