Commutations vs. Pardons in Massachusetts

In Massachusetts, executive clemency represents an important aspect of the criminal justice system, offering a second chance for individuals convicted of crimes. Two common forms of executive clemency are commutations and pardons (See also Massachusetts Governor's Pardon). While both are granted by the governor and can significantly impact someone’s future, the mechanisms, requirements, and effects of commutations and pardons differ considerably.

Below is an overview of these distinctions and their implications for those seeking relief.

Executive Clemency in Massachusetts: The Basics

Constitutional Authority

Both commutations and pardons in Massachusetts derive from Article LXXIII of the Amendments to the Massachusetts Constitution. This provision grants the governor the power to “grant reprieves, commutations, and pardons” for offenses against the Commonwealth, subject to certain checks and balances, including the advice and recommendations of entities such as the Advisory Board of Pardons and the Governor’s Council.

Advisory Board of Pardons

Regardless of whether someone is seeking a commutation or a pardon, the Advisory Board of Pardons (in conjunction with the state’s Parole Board) typically reviews the application, conducts investigations, and makes recommendations. Their investigative work helps ensure that the governor’s decision is informed by a thorough review of the applicant’s history, conduct, and rehabilitation.

Understanding Commutations

What Is a Commutation?

A commutation involves reducing or modifying a currently imposed sentence without fully forgiving the underlying crime. In other words, the individual remains convicted of the offense but may serve less time or be released earlier than originally sentenced.

Primary Effects of a Commutation

  1. Reduced Imprisonment: Commutations can shorten a lengthy prison sentence, potentially allowing an individual to become eligible for parole sooner or to be released outright if the commuted sentence has already been fully served.
  2. Continued Criminal Record: Because a commutation does not eliminate the conviction, the offender’s criminal record remains intact.
  3. Supervision Requirements: If the commutation allows for early release, the individual may still be subject to probation, parole, or other forms of supervision.

Common Reasons for Granting Commutations

  • Excessive Sentences: The governor may find that a sentence was disproportionately harsh based on the nature of the offense or evolving standards of justice.
  • Rehabilitation: Demonstrated personal reform, good behavior in prison, and completion of rehabilitative programs can support a commutation request.
  • Humanitarian Considerations: Terminal illness, advanced age, or other compassionate grounds may influence a governor’s decision to commute a sentence.

Understanding Pardons

What Is a Pardon?

A pardon fully or partially absolves a person of the legal consequences of their conviction. While the conviction may remain on record, a pardon signifies official forgiveness, potentially restoring rights lost due to the conviction.

SEE ALSO: Massachusetts Governor's Pardon

Primary Effects of a Pardon

  1. Restoration of Rights
    • Civil Liberties: A pardon often restores the right to hold public office, serve on a jury, and in some cases, possess firearms (subject to federal restrictions).
    • Employment Opportunities: Many employers view a pardon as a significant acknowledgment of rehabilitation.
    • Immigration Considerations: While a pardon does not automatically clear all immigration issues, it may lessen certain grounds of removal or inadmissibility.
  2. Public Recognition of Rehabilitation: A pardon stands as an official statement that the state recognizes the individual’s positive change.
  3. Record Implications: The conviction usually remains on the individual’s criminal record, though the pardon can be noted in background checks, signaling forgiveness of the crime.

Common Reasons for Granting Pardons

  • Evidence of Rehabilitation: Proof of good conduct, community service, and compliance with all release conditions can support a pardon request.
  • Passage of Time: A significant period since the original sentencing may bolster an applicant’s case, especially if they have avoided subsequent criminal behavior.
  • Exceptional Circumstances: Situations where the conviction imposes undue hardships (e.g., professional license issues, social stigmatization) despite demonstrable reform.

Key Differences Between Commutations and Pardons

  1. Timing
    • Commutation: Primarily sought while the individual is still serving their sentence.
    • Pardon: Typically pursued after the individual has completed the sentence, demonstrating rehabilitation over a period of time.
  2. Effect on Legal Status
    • Commutation: Reduces or modifies the sentence but keeps the conviction intact, meaning the individual may still face certain restrictions even if they are released early.
    • Pardon: Symbolically forgives the crime, often restoring specific rights, though it does not erase the conviction from the record.
  3. Aim
    • Commutation: Focuses on adjusting the severity or length of the punishment.
    • Pardon: Addresses the ongoing consequences of a conviction, recognizing rehabilitation and granting a legal form of forgiveness.

Application Process

Investigative Review

Applicants for both commutations and pardons must typically undergo a thorough investigation, which includes checking criminal records, interviewing references, and evaluating any evidence of rehabilitation.

Hearings and Governor’s Council

After reviewing an application, the Advisory Board of Pardons (or an equivalent body) may schedule a hearing to allow the applicant to present their case. If the recommendation is positive, the application is passed to the governor. For a final decision, the governor generally consults the Governor’s Council, which can approve or deny the request.

Role of Legal Representation

Both commutation and pardon applications involve meticulous paperwork, strict deadlines, and a requirement to demonstrate rehabilitation or extraordinary circumstances. An experienced Massachusetts criminal lawyer can:

  • Assess Eligibility: Determine whether the applicant meets all criteria for commutation or pardon.
  • Prepare a Persuasive Application: Help compile evidence of rehabilitation, including letters of recommendation, proof of community service, and evidence of post-conviction achievements.
  • Represent at Hearings: Advocate for the applicant’s interests before the Advisory Board of Pardons and any subsequent hearings.

Conclusion

Commutations and pardons in Massachusetts provide critical opportunities for individuals seeking relief from the consequences of a criminal conviction. While commutations focus on reducing an ongoing sentence, pardons offer a path to restored rights and recognition of rehabilitation. Understanding the distinctions between these two forms of executive clemency is essential for anyone considering applying for post-conviction relief. With thorough preparation and guidance from a knowledgeable attorney, applicants can more effectively present their case, whether seeking a commutation to reduce a sentence or a pardon to ease the lasting burdens of a past conviction.

References

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