Commutation (law): Difference between revisions
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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.<ref>{{cite web|last1=Larson|first1=Aaron|title=How to Apply for a Pardon or Commutation of Sentence|url=https://www.expertlaw.com/library/criminal-law/how-apply-pardon-or-commutation-of-sentence|website=ExpertLaw.com|publisher=ExpertLaw|accessdate=23 May 2017}}</ref> Unlike most [[pardon]]s by government and overturnings by the court (a full overturning is equal to an [[acquittal]]), a commutation does not affect the status of a defendant's underlying criminal conviction. |
In law, a '''commutation''' is the substitution of a lesser penalty for that given after a [[conviction]] for a crime.<ref>{{cite journal |last1=Martin |first1=Susan E. |title=Commutation of Prison Sentences: Practice, Promise, and Limitation |journal=Crime & Delinquency |date=4 September 2016 |volume=29 |issue=4 |pages=593–612 |doi=10.1177/001112878302900407}}</ref> The penalty can be lessened in severity, in duration, or both.<ref>{{cite web|last1=Larson|first1=Aaron|title=How to Apply for a Pardon or Commutation of Sentence|url=https://www.expertlaw.com/library/criminal-law/how-apply-pardon-or-commutation-of-sentence|website=ExpertLaw.com|publisher=ExpertLaw|accessdate=23 May 2017}}</ref> Unlike most [[pardon]]s by government and overturnings by the court (a full overturning is equal to an [[acquittal]]), a commutation does not affect the status of a defendant's underlying criminal conviction. |
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Although the concept of commutation may be used to broadly describe the substitution of a lesser criminal penalty for the original sentence, some jurisdictions have historically used the term only for the substitution of a sentence of a different character than was originally imposed by the court.<ref name="brettpardon">{{cite journal|last1=Brett|first1=Peter|title=Conditional Pardons and the Commutation of Death Sentences|journal=The Modern Law Review|date=1957|volume=20|issue=2|pages=131–147|doi=10.1111/j.1468-2230.1957.tb00432.x}}</ref> For example, the substitution of a sentence of parole for the original sentence of incarceration. A jurisdiction that uses that definition of commutation would use another term, such as a remission, to describe a reduction of a penalty that does not change its character.<ref name="brettpardon"/> |
Although the concept of commutation may be used to broadly describe the substitution of a lesser criminal penalty for the original sentence, some jurisdictions have historically used the term only for the substitution of a sentence of a different character than was originally imposed by the court.<ref name="brettpardon">{{cite journal|last1=Brett|first1=Peter|title=Conditional Pardons and the Commutation of Death Sentences|journal=The Modern Law Review|date=1957|volume=20|issue=2|pages=131–147|doi=10.1111/j.1468-2230.1957.tb00432.x}}</ref> For example, the substitution of a sentence of parole for the original sentence of incarceration. A jurisdiction that uses that definition of commutation would use another term, such as a remission, to describe a reduction of a penalty that does not change its character.<ref name="brettpardon"/> |
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In law, a commutation is the substitution of a lesser penalty for that given after a conviction for a crime.[1] The penalty can be lessened in severity, in duration, or both.[2] Unlike most pardons by government and overturnings by the court (a full overturning is equal to an acquittal), a commutation does not affect the status of a defendant's underlying criminal conviction.
Although the concept of commutation may be used to broadly describe the substitution of a lesser criminal penalty for the original sentence, some jurisdictions have historically used the term only for the substitution of a sentence of a different character than was originally imposed by the court.[3] For example, the substitution of a sentence of parole for the original sentence of incarceration. A jurisdiction that uses that definition of commutation would use another term, such as a remission, to describe a reduction of a penalty that does not change its character.[3]
A commutation does not reverse a conviction and the recipient of a commutation remains guilty in accordance with the original conviction.[4] For example, someone convicted of capital murder may have their sentence of death commuted to life imprisonment, a lessening of the punishment that does not affect the underlying criminal conviction, as may occur on a discretionary basis or following upon a change in the law or judicial ruling that limits or eliminates the death penalty.[5]
In some jurisdictions a commutation of sentence may be conditional, meaning that the convicted person may be required to abide by specified conditions or may lose the benefit of the commutation. The conditions must be lawful and reasonable, and will typically expire when the convicted completes any remaining portion of his or her sentence. For example, the pardon may be conditioned upon the person's being a law-abiding citizen, such that if the beneficiary of the commutation commits a new crime before the condition expires the original sentence may be restored.[6][7]
See also
References
- ^ Martin, Susan E. (4 September 2016). "Commutation of Prison Sentences: Practice, Promise, and Limitation". Crime & Delinquency. 29 (4): 593–612. doi:10.1177/001112878302900407.
- ^ Larson, Aaron. "How to Apply for a Pardon or Commutation of Sentence". ExpertLaw.com. ExpertLaw. Retrieved 23 May 2017.
- ^ a b Brett, Peter (1957). "Conditional Pardons and the Commutation of Death Sentences". The Modern Law Review. 20 (2): 131–147. doi:10.1111/j.1468-2230.1957.tb00432.x.
- ^ "Clemency". Death Penalty Information Center. Retrieved 23 May 2017.
- ^ "Time on Death Row". Death Penalty Information Center. Retrieved 23 May 2017.
- ^ 67A. Corpus Juris Secundum, Pardon and Parole, § 38. West Publishing Company. 2006.
- ^ "White v. State, 717 S.W.2d 309, 310 (Tenn. Crim. App. 1986)". Google Scholar. Retrieved 23 May 2017.