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commutation of sentence

 
 
Columbia Encyclopedia: commutation of sentence
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commutation of sentence, in criminal law, reduction of a sentence for a criminal act by action of the executive head of the government. Like pardon, commutation of sentence is a matter of grace, not of right; it is distinguished from pardon, however, in that the conviction of crime is not nullified. The commutation, hence, may be granted on condition that the criminal observe certain restrictions for the balance of his original sentence. Many states have statutes providing for commutation of sentence as a reward for good conduct during imprisonment. Once earned, the commutation becomes a matter of right and may be enforced by court action.

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Wikipedia: Commutation of sentence
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 The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page.

Commutation of sentence involves the reduction of legal penalties, especially in terms of imprisonment. Unlike a pardon, a commutation does not nullify the conviction and is often conditional. Clemency is a similar term, meaning the lessening of the penalty of the crime without forgiving the crime itself. The act of clemency is a reprieve. Today, pardons and reprieves are granted in many countries when individuals have demonstrated that they have fulfilled their debt to society, or are otherwise deserving (in the opinion of the pardoning official) of a pardon or reprieve.

Contents

United States

In the United States, reduction of a sentence is handled by an executive head of government and is normally linked to prisoners' good behavior.[1] The President of the United States solely holds the power to commute federal sentences[2] while commutations of state charges are handled by the governor's office.[3]

On January 19, 2009, on his last day in office, George W. Bush issued a commutation for Ignacio Ramos and Jose Compean, two former U.S. border patrol agents convicted in 2006 of shooting and wounding an illegal immigrant, who was suspected of drug smuggling. They were both released on February 17, 2009, rather than in 2018 and 2019 as what was initially expected.[4][5]

Other Countries

Around the world, countries accord their head of state or other competent authority with the power to issue a pardon or reduce a sentence either in consultation with other parts of the government or unilaterally.

See also

References

  1. ^ Legal Explanations Commutation Retrieved on April 21, 2007
  2. ^ Article II, Section 2 of the United States Constitution Power to grant reprieves and pardons for offenses against the United States Retrieved on July 9, 2007
  3. ^ U.S. Department of Justice Commutation Instructions Retrieved on July 3, 2007
  4. ^ "Bush commutes sentences of former Border Patrol agents". CNN. 2009-01-19. http://edition.cnn.com/2009/POLITICS/01/19/bush.commute/index.html. Retrieved 2009-06-09. 
  5. ^ "In the Nation - Two ex-agents go free from prison". Philadelphia Inquirer. 2009-02-18. http://www.philly.com/inquirer/world_us/20090218_In_the_Nation.html?text=reg&posted=y&viewAll=y. Retrieved 2009-06-09. 

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Columbia Encyclopedia. The Columbia Electronic Encyclopedia, Sixth Edition Copyright © 2003, Columbia University Press. Licensed from Columbia University Press. All rights reserved. www.cc.columbia.edu/cu/cup/.  Read more
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