Dictionary of Law
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commutation :: legal definition


Commutation - n. the act of reducing a criminal sentence resulting from a criminal conviction by the executive clemency of the Governor of the state, or President of the United States in the case of federal crimes. This is not the same as a pardon, which wipes out the conviction or the actual or potential charge (as when President Gerald R. Ford pardoned ex-President Richard M. Nixon even without charges having been officially made-a rare instance). A pardon implies either that the conviction was wrong, that there has been complete rehabilitation of the party, or that he/she has lived an exemplary life for many years and deserves to have his/her name cleared in old age. Commutation implies the penalty was excessive or there has been rehabilitation, reform or other circumstances such as good conduct or community service. Commutation is sometimes used when there is evidence that the defendant was not guilty, but it would prove embarrassing to admit an outright error by the courts.

See also: executive clemency pardon and Related Law Terms ↓


Related Law Terms

affirmative defense :: n. part of an answer to a charge or complaint in w ... lp the defendant. See also: defense
amnesty :: n. a blanket abolition of an offense by the govern ... rget the offenses. See also: pardon
articles of impeachment :: n. the charges brought (filed) to impeach a public ... y the Senate. See also: impeachment
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services.
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities
count :: n. each separate statement in a complaint which st ... also: cause of action common counts
criminal :: 1) n. a popular term for anyone who has committed ... so: convict felon habitual criminal
diminished capacity :: n. essentially a psychological term which has foun ... See also: insanity M'Naughten rule
disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude
executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
felony murder doctrine :: n. a rule of criminal statutes that any death whic ... arged with murder. See also: murder
impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate.
jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
officer :: n. 1) a high-level management official of a corpor ... deputy sheriff or federal marshal.
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea
prior(s) :: n. slang for a criminal defendant's previous recor ... es for the third felony conviction.
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court
variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
wet reckless :: n. a plea to a charge of reckless driving which wa ... conviction. See also: plea bargain

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - C

C.I.F. :: n. the total of cost, insurance and freight charge ... aid on goods purchased and shipped.
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
calendar call :: n. the hearing at which a case is set for trial. ... g at which a case is set for trial.
call :: n. the demand by a corporation that a stockholder ... assessment on shares already owned.
calumny :: n. the intentional and generally vicious false acc ... 's reputation. See also: defamation
cancel :: v. to cross out, annul, destroy, void and/or resci ... g, so that it cannot be used again.
cancellation :: cancel ... cancel
caning :: n. a punishment for crimes employed in certain Asi ... last century in the United States.
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
cap :: n. slang for maximum, as the most interest that ca ... "adjustable rate" promissory note.
capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade
capital account :: n. the record which lists all basic assets of a bu ... or the alleged value of good will.
capital assets :: n. equipment, property, and funds owned by a busin ... . See also: capital capital account
capital expenditure :: n. payment by a business for basic assets such as ... y intended to improve productivity.
capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange
capital investment :: capital expenditure ... capital expenditure
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense
capital stock :: n. the original amount paid by investors into a co ... price. See also: corporation stock
capitalization :: n. 1) the act of counting anticipated earnings and ... for conversion into capital assets.