commute a sentence

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. It is a part of the broad clemency powers over federal offenses granted to the President of the United States under the U.S. constitution . Similarly, the state constitutions grant the governor clemency power over state offenses.

Cases such as this one from Illinois explain that “power to commute a sentence is the power to remove a sentence imposed by the judiciary and replace it with a lesser sentence.”

A sentence may be commuted for good behavior, illness, old age, or when the sentence is unreasonably harsh in comparison to other similar cases.

See: Commutation

[Last reviewed in June of 2021 by the Wex Definitions Team ]

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