This is a petition for commutation of sentence. Commutation is an associated term, meaning the lessening of the penalty of the crime without forgiving the crime itself.
Idaho Petition for Commutation of Sentence
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How to fill out Petition For Commutation Of Sentence?
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In general, a commutation is a reduction in the length of a person's sentence, while a pardon provides relief from some or all consequences of a criminal conviction. Clemency is an extraordinary form of relief.
To ?commute a sentence? is the power to substitute a sentence imposed by the judiciary for a lesser sentence. In other words, it means the power to reduce or lessen a sentence resulting from a criminal conviction. For example, a ten-year sentence may be commuted to a five-year sentence.
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) or president of the United States (for federal convictions).
Commutation is not intended to serve as an early release mechanism for an offender in prison. A commutation is intended to correct an unjust or excessive sentence. A commutation is a rare, separate, and distinct process from a parole or a pardon.
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.
In a commutation of sentence, there occurs a change in a sentence or punishment. Therefore it does not include parole, because no sentence reduction takes place in parole. The distinction between pardon and commutation are that a pardon is a complete remission of penalty by a sovereign power as authorized by law[iv].
To apply for a commutation, the first thing you must do is serve a completed notice of intent to apply for clemency on the district attorney in the county where the you were convicted. The district attorney will send an acknowledgment of receipt to the Governor and may send a written recommendation on the application.
What is the difference between a commutation of sentence and a pardon? In the federal system, commutation of sentence and pardon are different forms of executive clemency, which is a broad term that applies to the President's constitutional power to exercise leniency toward persons who have committed federal crimes.