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 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.