Legal Definitions - commutation

The term commutation refers to the act of substituting one thing for another, particularly in a legal context where it often involves changing a penalty or a series of payments. It means replacing an existing obligation or form of compensation with a different one.

Here are a few examples to illustrate how commutation applies in different legal situations:

• In Criminal Law: Imagine a person sentenced to 20 years in federal prison for a non-violent drug offense. After serving 10 years, the President of the United States reviews their case, considering their exemplary conduct, participation in educational programs, and the fact that federal sentencing guidelines for similar offenses have since been significantly reduced. The President decides to reduce the remaining 10 years of the sentence to immediate release.

  How this illustrates commutation: In this scenario, the original 20-year prison sentence is *commuted* or *replaced* with a shorter period of incarceration followed by release. The individual's conviction for the crime remains on their record, but the punishment they must serve is lessened by executive action.

• In Civil Settlements or Worker's Compensation: Consider an individual who suffered a workplace injury and is receiving weekly disability benefits from their employer's worker's compensation insurance. After several years, both the injured worker and the insurance company agree that instead of continuing these periodic weekly payments indefinitely, the insurance company will provide a single, substantial payment to cover all future benefits and medical costs related to the injury.

  How this illustrates commutation: Here, the ongoing series of weekly payments is *commuted* or *replaced* by a single, immediate lump sum payment. This provides a final resolution to the financial obligations, converting a stream of future payments into one present payment.