commutation

Commutation means the substitution of one thing for another. 

Some common uses of the term “commutation” in a legal context include: 

• In criminal law, commutation refers to reducing or lessening a sentence or punishment resulting from a criminal conviction, which can be done by the governor of a state (for state convictions) or president of the United States (for federal convictions). For example, a death sentence may be commuted to a sentence of life imprisonment. Some grounds for commutation of a sentence are good behavior, illness, old age, or when the sentence is unreasonably harsh in comparison to other similar cases. Commutation is different from pardon in that pardon nullifies the conviction and forgives the individual for the crime whereas commutation is a reduction of a punishment. 
• In the context of worker’s compensation or other civil matters, as explained in cases such as Harrison v. Friedman Supply Co. (2004), commutation means the replacement of one form of payment for another.  In this context, commutation is to substitute a single payment for several periodic payments or to settle on a lump sum payment. 

[Last reviewed in January of 2025 by the Wex Definitions Team]

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