What Is the Difference Between Commuting and Pardoning?

What Is the Difference Between Commuting and Pardoning?

In law, a commutation is the substitution of a lesser penalty for that given after a conviction for a crime. ... Unlike most pardons by government and overturning by the court (a full overturning is equal to an acquittal), a commutation does not affect the status of a defendant's underlying criminal conviction.

What does commuted by the president mean?

The U.S. president's power of clemency arises from Article II of the United States Constitution. ... When the president commutes a sentence, it reduces the severity of a sentence without voiding the conviction itself; for example, a commutation may reduce or eliminate a prison term, while leaving other punishments intact.

What's the difference between pardoning and commuting?

A commutation is a reduction of a sentence to a lesser period of time. ... While a pardon deletes a conviction, a commutation keeps the conviction but deletes or lowers the punishment. The conviction stays on the record, and the person who receives the commutation does have any rights restored.

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Marcus Vance

Marcus Vance is a cybersecurity auditor and technology writer dedicated to educating the public about online safety, data privacy regulations, enterprise security, and emerging cyber threats.