Remission: A Comprehensive Guide to Its Legal Meaning and Effects

Definition & Meaning

Remission refers to the reduction of a prisoner's sentence, often granted for good behavior. For example, if a person is sentenced to five years, they may only serve three years if remission is applied. In medical terms, remission indicates a temporary disappearance of disease symptoms, meaning the patient may not currently exhibit signs of their illness.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A prisoner serving a five-year sentence for theft demonstrates good behavior and is granted remission, reducing their sentence to three years.

Example 2: A patient with cancer experiences remission, meaning their symptoms have temporarily disappeared, allowing them to lead a normal life for a time. (hypothetical example)

State-by-state differences

Examples of state differences (not exhaustive):

State Remission Guidelines
California Remission is granted based on a points system reflecting good behavior.
Texas Remission can be granted for good conduct, allowing for early release.
New York Remission is available but often requires a formal application process.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Differences
Parole Conditional release from prison before the full sentence is served. Parole requires supervision, while remission does not.
Pardon A legal forgiveness for a crime, often resulting in the removal of penalties. A pardon eliminates the conviction, whereas remission reduces the sentence.

What to do if this term applies to you

If you believe you may qualify for remission, consider the following steps:

  • Review your behavior and conduct while incarcerated.
  • Consult with a legal professional to understand your options.
  • Explore US Legal Forms for templates that can assist with the remission application process.

For complex situations, seeking professional legal help is recommended.

Quick facts

  • Typical reduction: Varies based on behavior and jurisdiction.
  • Jurisdiction: Applies within the criminal justice system.
  • Potential penalties: None for remission itself, but failure to meet criteria can result in denial.

Key takeaways

Frequently asked questions

Remission reduces a sentence based on behavior, while parole is a conditional release before serving the full sentence.