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.
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.
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A pardon and a commutation result in a reduction of punishment, but there is a distinction between the two. The difference between pardon and commutation is that a pardon relieves an individual of all guilt for the crime committed, while a commutation reduces the sentence without exonerating the person.
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.
A commutation is a reduction of a sentence to a lesser period of time. The president can commute a sentence if he believes the punishment is too severe for the crime. While a pardon deletes a conviction, a commutation keeps the conviction but deletes or lowers the punishment.
As I've already stated, a pardon is a form of clemency. However, if you receive clemency, you aren't always getting a pardon. Instead, you might get a reprieve, which will temporarily stay your sentence, or a commutation of sentence, in which case, your original felony sentence will be reduced.
A pardon may be full or conditional. It is conditional when its effectiveness depends on fulfillment of a condition by the offender, usually a lesser punishment, as in the commutation of the death sentence. The effect of a full pardon is unclear in some jurisdictions.
A commutation is generally defined as a lessening of the criminal penalty, whereas a pardon is often defined as the termination of the criminal penalty. The Governor also has the power to issue a reprieve (also called a stay of execution or a "respite") to temporarily delay the imposition of a death sentence.
Any inmate may request of the Commission a recommendation to the Governor that the sentence be commuted when all legal remedies are exhausted and the circumstances of the case are unusual.
The California Governor can reduce the sentence of someone serving a sentence for a state crime. This is called a commutation. It does not erase or seal a record. Applications for a commutation go through the Governor's Office. You do not apply through the court.