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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. Unlike most pardons by government and overturning 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. 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.
A commutation does not reverse a conviction and the recipient of a commutation remains guilty in accordance with the original conviction. 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.
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 their 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.
By country
= United States
=U.S. Constitution
Article II, Section 2 of the United States Constitution states that the President "shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment".
See also
Pardon § Related concepts
References
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commutation law
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Commutation (law) - Wikipedia
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.
Pardons vs Commutation: When Can a Sentence Be Commuted? - Nolo
Commutation is a form of clemency that reduces the punishment for a crime. It usually takes the form of a reduced ("commuted") prison term, but can also reduce court-ordered fines. A …
commutation | Wex | US Law | LII / Legal Information Institute
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) …
Office of the Pardon Attorney | Commutation of Sentence
Aug 22, 2024 · The President can commute (reduce) a sentence imposed by a federal court or the District of Columbia Superior Court. Use the commutation application if you are seeking relief …
What Does Commutation Mean in Criminal Sentencing?
Jan 22, 2025 · Commutation in criminal sentencing is a significant legal mechanism that can alter the length or conditions of an individual’s sentence. It offers a pathway for relief from harsh …
Commutation | Sentencing, Pardons, Clemency | Britannica
Jan 20, 2025 · Commutation, in law, shortening of a term of punishment or lowering of the level of punishment. For example, a 10-year jail sentence may be commuted to 5 years, or a sentence …
Pardon vs Commutation - What is the difference between a ...
Oct 11, 2019 · In sum, the difference between a commutation and pardon is generally simple: commutation is a reduction (either total or partial) of a criminal sentence while the person is …
What Does It Mean to Commute a Sentence? - LegalClarity
Jan 21, 2025 · Commuting a sentence is an important aspect of the criminal justice system, allowing for the reduction of a punishment’s severity without overturning the conviction. It …
Commutation - The Law Dictionary
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 legal definition of commutation
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, …