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What is the difference between a pardon and commutation?
|Last Updated on: 28th September 2023, 07:59 pm
Pardons vs. Commutations: What’s the Difference?
You often hear about presidents and governors granting pardons or commutations. But what do these forms of clemency actually mean and how do they differ?
Understanding the distinction between a pardon and commutation is key to making an informed case for clemency.
What is a Pardon?
A pardon is an official act of forgiveness for a crime. It removes all legal punishments or disabilities resulting from the conviction. A pardon essentially restores someone’s legal status to what it was before the conviction.
Pardons can be full or partial. Full pardons absolve the conviction entirely. Partial pardons remove some but not all penalties, like restoring civil rights but not expunging the conviction.
Pardons do not overturn or erase the underlying conviction – they forgive the crime’s penalties. The conviction remains on record despite the pardon.
What is a Commutation?
A commutation is the shortening of a prison sentence. Rather than wiping out the conviction itself, it reduces the amount of time someone must serve.
For example, a governor could commute a 15-year sentence to 10 years, making the prisoner eligible for release after serving just 10 years. Or the president could commute a death sentence to life in prison.
Commutations provide relief by lessening a sentence. But they do not change the fact of conviction or remove civil disabilities like pardons do.
Key Differences
The main differences between pardons and commutations are:
- A pardon forgives the crime and erases punishments.
- A commutation only shortens the sentence without removing the conviction.
- Pardons restore civil rights forfeited.
- Commutations don’t affect civil disabilities from convictions.
Think of pardons as an act of forgiveness and commutations as an act of mercy. Both provide relief, but in different ways.
Types of Pardons
There are several different types of pardons:
- Full pardon – Forgives the conviction and erases all penalties and disabilities.
- Partial pardon – Forgives part but not all penalties.
- Absolute pardon – Granted to those found innocent post-conviction.
- Conditional pardon – Releases the offender but imposes conditions.
Petitioners should specify exactly what type or extent of pardon they are seeking when applying for clemency.
Other Forms of Clemency
Pardons and commutations are the most common clemency powers, but chief executives can grant other forms of relief too:
- Amnesty – Official pardon for a group of people, often for political offenses.
- Reprieve – Temporary delay of punishment, usually pending further proceedings.
- Remission of fines – Cancels or reduces fines levied as punishment.
Eligibility for Clemency
Eligibility requirements for pardons and commutations vary by jurisdiction. Factors often include:
- Severity of the offense
- Time elapsed since conviction
- Rehabilitation efforts
- Character references
- Remorse and acceptance of responsibility
The decision to grant clemency is generally at the complete discretion of the president, governor or pardon board.
The Bottom Line
Whether seeking a pardon or commutation, understanding the distinction is critical. Make sure your petition clearly states the specific form of clemency desired and explains fully why it should be granted.
With clarity on the differences, you can best leverage these tools of justice and mercy.
References:
[1] Pardon – Wex Legal Dictionary [2] Commutation of Sentence – Wex Legal Dictionary [3] DOJ – Pardon Information and Instructions [4] Clemency, Pardons and Commutations [5] New York Court Calendar with Attorney Appearances