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Commutation is a legal term that refers to the act of reducing a punishment or sentence given to someone who has been convicted of a crime. Imagine a person who has been sentenced to a long prison term or even the death penalty. Commutation allows a governor or the president to lessen that punishment. For instance, if someone is sentenced to ...
Jul 5, 2024 · Commutation does not expunge, remove, or forgive the actual conviction; it merely adjusts the penalties imposed. Commutation Explained. The power of commutation is a form of clemency, alongside pardons and reprieves, that serves as a check on the judicial system, allowing for mercy or correction of judicial errors.
- Compared to Pardons
- Commutation Basics
- Which Crimes and Sentences?
- Conditional Commutations
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Like the pardoning power, the power to commute sentences is in the executive's discretion; neither the legislative nor judicial branch can interfere with or override that power. Although commutation is considered part of the pardoning power, there are significant differences between commutations and pardons. 1. Forgiveness vs. reduction. Pardons fo...
Commutation is part of the pardoning power, so the person (or board) with the pardoning power usually also exercises the power to commute sentences. Only the President may commute federal sentences; in most states, only the governor can commute a sentence. Commuted sentences are usually a reward for good behavior, but they can also have other purpo...
In general, all sentences can be commuted, except those related to impeachment and treason. Each state and its governor can choose to limit or restrict eligibility for commutation. As long as the government exercises the power in good faith, there are no limits on commuting sentences—other than those made by the state and its chief executive. Gover...
Because rehabilitation is the object of commutation, governments grant most commutations with conditions attached. Most, if not all, commutations are conditioned on being a law-abiding citizen. Unless the order says otherwise, the conditions last only until the end of the commuted sentence. Governors can attach other conditions to commuted sentence...
The law and procedures for sentence commutation vary from state to state and from state to federal government. The preceding information is therefore only an overview. Consulting with an attorney experienced in commutation and related matters is an excellent way to get a fuller explanation of the law and guidance.
Definition & Citations: In criminal law. Change; substitution. The substitution of one punishment for another, after conviction of the party subject to it. The change of a punishment from a greater to a less; as from hanging to imprisonment. Commutation of a punishment is not a conditional pardon, but the substitution of a lower for a higher ...
Commutation is the replacement of a greater amount by something lesser. To commute periodic payments means to substitute a single payment for a number of payments, or to come to a "lump sum" settlement. In Criminal Law, commutation is the substitution of a lesser punishment for a greater one. Contrasted with clemency, which is an act of grace ...
Commutation (law) Look up commutation in Wiktionary, the free dictionary. In law, a commutation is the substitution of a lesser penalty for that given after a conviction for a crime. The penalty can be lessened in severity, in duration, or both. Unlike most pardons by government and overturning by the court (a full overturning is equal to an ...
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commutation. Commutation means the substitution of one thing for another. Some common uses of the term “commutation” in a legal sense include: In criminal law, commutation refers to reducing or lessening a sentence or punishment resulting from a criminal conviction, which can be done by the governor of a state (for state convictions) or ...
