Commutation, in a legal context, refers to the reduction or mitigation of a penalty or punishment imposed upon a person convicted of a crime. This reduction typically involves reducing the severity of the sentence, such as reducing a prison term or fine, without completely overturning the conviction itself. Commutation may be granted by executive authorities, such as a governor or president, through the exercise of their clemency powers. It is often granted for reasons such as rehabilitation, good behaviour, or the presence of mitigating circumstances, and it is aimed at achieving fairness and proportionality in sentencing. Commutation is one of several forms of clemency available in the legal system, along with pardon, reprieve, and amnesty.
Modification, exchange, or substitution.
n. the act of reducing a criminal sentence resulting from a criminal conviction by the executive clemency of the Governor of the state, or President of the United States in the case of federal crimes.
A commutation is the legal process by which a person’s sentence is reduced or changed to a lesser punishment. This can be done by the executive branch of government, such as a governor or president, and is typically based on factors such as the individual’s behaviour while incarcerated, their rehabilitation efforts, or other compelling circumstances. Commutation does not result in a complete release from custody, but rather a modification of the original sentence.
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 eliminating a sentence or punishment, commutation is the modification or reduction of a punishment.
This is not the same as a pardon, which wipes out the conviction or the actual or potential charge (as when President Gerald R. Ford pardoned ex-President Richard M. Nixon even without charges having been officially made-a rare instance). A pardon implies either that the conviction was wrong, that there has been complete rehabilitation of the party, or that he/she has lived an exemplary life for many years and deserves to have his/her name cleared in old age. Commutation implies the penalty was excessive or there has been rehabilitation, reform or other circumstances such as good conduct or community service. Commutation is sometimes used when there is evidence that the defendant was not guilty, but it would prove embarrassing to admit an outright error by the courts.
The change from consecutive prison sentences to concurrent sentences is a commutation of punishment.
Commutation refers to the reduction of a criminal sentence, typically a prison term, to a lesser punishment or a shorter period of incarceration.
The authority to grant commutation varies depending on the jurisdiction. In some cases, it may be the responsibility of the governor or the executive branch, while in others, it may be the role of a parole board or a specific commission.
The factors considered when deciding whether to grant commutation can vary, but they often include the nature of the offense, the offender’s behavior while incarcerated, their rehabilitation efforts, and the impact of the sentence on the offender’s family or community.
In most cases, anyone who is serving a sentence can apply for commutation. However, the eligibility criteria and the process for applying may differ depending on the jurisdiction.
The length of the commutation process can vary significantly. It may take several months or even years, depending on the jurisdiction, the complexity of the case, and the number of applications being reviewed.
Commutation can potentially be granted for any type of offence, ranging from minor offenses to serious crimes. However, the likelihood of receiving commutation may vary depending on the severity of the offense and the circumstances surrounding it.
In some cases, commutation can be revoked if the individual violates the terms of their commutation or commits another offense. However, the specific circumstances and the jurisdiction’s laws will determine whether revocation is possible.
Yes, commutation can be granted for individuals on death row. In some cases, it may result in a reduction of the sentence to life imprisonment without the possibility of parole, while in others, it may result in a lesser punishment.
In most cases, the decision to grant or deny commutation cannot be appealed. However, individuals may have the option to challenge the decision through legal avenues such as filing a writ of habeas corpus or pursuing other post-conviction remedies.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 6th April, 2024.
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