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Define Legal Commutation

A conversion is different from a forgiveness, which removes the actual condemnation. In a conversion, this conviction record remains the same, but the sentence is reduced or even eliminated. A judge could issue a conversion after someone shows remorse or patterned behavior during incarceration. Switching comes from a Latin root that means “to change.” In some jurisdictions, a conversion of the sentence may be conditional, which means that the convicted person may be asked to comply with certain conditions or lose the benefit of the conversion. The conditions must be legal and proportionate and generally expire when the convicted person is serving a remaining part of his or her sentence. An administration that uses this definition of commutation would use a different term, e.g., use an order in council to describe a reduction in a sentence that does not change its nature. [2] The person would still be a convicted murderer, but would not be killed. A conversion does not imply that the person is innocent of the crime. Nor does a conversion restore rights lost in a conviction, such as the ability to hold office or the right to vote in elections. The difference between forgiveness and conversion is that a pardon is a complete remission of sentence by a sovereign power, as permitted by law.[iv] But a conversion of a penalty is only a substitute for a lesser penalty with a higher penalty. In addition, a pardon must be accepted by the person who is pardoned, while a sentence may be commuted without the consent of the convicted person[v].

Some common uses of the term “commutation” in the legal sense are: A conversion of sentence may be granted under existing laws in different states. It is legally permissible to grant a penalty conversion. A governor of a state has the exclusive power to pardon[ii] and may be subject to legislative review[iii]. A legislator may provide for a conversion of the conviction of persons convicted of good conduct. The governor of Washington State has the power, under our state constitution and certain state laws, to change the fate of those sentenced to death. One of the governor`s options is to commute, which means softening a death sentence. If you are following the case of a person sentenced to death, you may be wondering about the possible outcomes and you want to know what commutation is? No, a transformation does not change or overturn the conviction. The perpetrator will always have the underlying conviction.

Commutation only affects the imposition of the sentence. For example, if someone is convicted of murder and sentenced to death, the governor could commute the death sentence to life imprisonment instead of execution. If the governor does not grant a request for conversion, the author has another option. Our state has a clemency and forgiveness committee. The commission accepts petitions from individuals, organizations and even the Ministry of Correctional Services calling for the conversion of sentences and pardons for offenders. The Board of Directors reviews these petitions and makes recommendations to the Governor. While a conversion of a sentence may relieve the offender of having to serve the sentence, a pardon is usually granted only after the offender has served the sentence.