A commuted sentence is a reduction in the severity of a statutory sentence, often involving reduced prison terms or penalties. It is not the same as a pardon or clemency and requires approval from high-ranking officials. The word “commutation” comes from Latin and originally referred to receiving services in cash. Commutation requests are reviewed based on the inmate’s behavior and original crime. Controversy can arise, as seen in the case of Lewis “Scooter” Libby.
A commuted sentence is a statutory sentence that has been changed by an official to make it less severe. Classically, commuted sentences come in the form of reduced prison terms, although commutation can also involve reduced fees and other penalties ordered by a judge. To receive a commuted sentence, a prisoner must approach a high-ranking government official such as the president or prime minister of the country or the governor of a state or province.
The word “commutation” in the sense of reduction of sentences entered the English language in 1600. It derives from the Latin commutare, which means “to change completely”; this same root word is also behind “commuter” and “commuter,” incidentally. In its original meaning in the 1400s, “commutation” referred to receiving services in cash, rather than in kind, and marked a radical change in the feudal system of lords and serfs that had dominated most of Europe. Instead of being forced to work for a lord, a servant could instead pay the lord his obligations in cash, thus allowing for greater personal freedom.
It is important to understand that a commuted sentence is not the same as a pardon or a clemency. When someone is pardoned, a government official forgives the crime for which he was convicted and waives the punishment without reservation. When a sentence is commuted, the offender is not pardoned and the commutation can be conditional; the implication is that the crime does indeed deserve punishment, but the punishment is excessive or poses unreasonable hardship.
Switching of sentencing applications is typically reviewed by other officials in addition to the head of state, and these officials may offer opinions or comments on the matter. Typically, when reviewing a commuted sentence request, aspects such as the inmate’s original crime and sentence are considered, along with his or her behavior in prison. Examiners may also consider whether the inmate has shown genuine remorse and a desire to atone and improve in deciding whether or not to grant a commutation request.
Sometimes, a commuted sentence can be a cause for controversy. In 2007, for example, US President George Bush commuted the sentence of white-collar criminal Lewis “Scooter” Libby. This triggered an investigation by the US Congress, concerned that Bush had abused his executive privileges by commuting the prison sentence of a senior administration official who was serving time as a direct result of the actions he had taken while working for President.
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