Greetings, I am Jahnyah Howell, a graduating senior at the illustrious Clark Atlanta University, where I am studying criminal justice and psychology on the pre-law track. I am excited to share that I have interned with Attorney Taubes for the second summer. What drew me back to the firm was Taubes’ particular focus on sentence modifications and commutations. This post will highlight the history of commutations in Connecticut and Attorney Taubes’ drive that continues to make a difference for those affected by this process (or lack thereof).
What Is a Commutation in Connecticut and Why It Matters for Young Black Offenders
Commutation is a legal process that reduces a person’s prison sentence without erasing their conviction. Unlike a pardon, which clears someone’s record, a commutation simply shortens the time they must serve. In Connecticut, commutations are granted by the Board of Pardons and Paroles after a public hearing. The Board considers whether the original sentence was fair by today’s standards, along with evidence of growth, rehabilitation, and readiness to reenter society.
For many, particularly young Black men who were sentenced as teenagers or in their early twenties, commutations can mean the difference between dying in prison and having a second chance at life. Historically, Connecticut courts imposed some of the harshest sentences on youthful offenders, frequently without considering research on adolescent brain development and decision-making. As a result, many young people were punished as though they possessed the same level of maturity and judgment as fully developed adults. Black youth were especially impacted, as they were disproportionately subjected to severe sentences, reflecting broader racial disparities that exist within policing, prosecution, and sentencing practices.
For Black young offenders who received lengthy prison terms during adolescence, such commutations offer more than just freedom. They offer a chance at redemption and a return to society as adults, rather than elderly inmates. It acknowledges that youthful mistakes, compounded by racial bias and systemic injustice, shouldn’t define a lifetime.
Commutations are not just legal tools; they serve as a corrective for systemic racial inequities, recognizing the possibility of transformation and offering a pathway toward healing for individuals and families alike.
Intersection of Commutations and Punishment
The concept of commutations is a complicated issue that appeals to the quality of life. Both ends of the issue hold people who have been wronged. This includes the victims and the incarcerated individuals who have endured lengthy sentences.
The reason that we have a commutation process is not that every inmate deserves to be released; it is because there are flaws in every other aspect of our criminal justice system. People become victims of these flaws and are robbed of decades of their lives. It is not the worst criminals who get relief; it is those who had the worst lawyers to represent them. Valuable information and evidence get lost in translation to the courts initially, which leads to many people being wrongfully convicted or harshly sentenced. Having already served a significant time, why dwell on the continuation of the sentence and not the evidence, or lack thereof?
Taubes understands the complexities of commutations, given that he has represented victims, criminals, and victims of police shootings. However, he notes that when there are victims of police shootings, no one serves prison time. In fact, “in these situations, the trigger was pulled more recklessly, with more reckless abandon, more times, with less of a threat.” (Taubes 2020) Whereas previous clients of his were convicted of crimes that held no forensic evidence tying them to the crime, and still, they served more than a 30-year sentence.
Alexander Taubes has dedicated his entire legal career to using his privileges for those who have not or will not ever experience privilege in the criminal justice system. He always believed that he could have the greatest impact on the community in the place that raised him with such privileges that he used to help change many lives.
History of Commutations
During the early mid-century, between 1968 and 1994, the Board of Pardons and Paroles averaged about eight commutations annually. However, commutation grants stopped in the 1990s, only allowing three commutations from 1995 to 2016. In 2019, the commutation process ceased entirely due to pending guideline revisions. Despite this cease, the state did commute three sentences from 2017 to 2019. After a period of dormancy, the board resumed accepting applications and revamped its policy in 2021. This led to a rise in commutations granted of more than 100 between 2021 and 2022. It’s important to note that the new policy supported commutations of lengthy sentences imposed in the 1990s, which consisted of youthful offenders at the time of the crime. The high volume of communications sparked debate among Republicans who argued that the General Assembly should have reviewed the policy changes.
Attorney Taubes’ Involvement in 2020
During an Interview with Justice Farmer on New Haven Independent, Taubes explained how Connecticut’s policy was a tragedy affecting incarcerated individuals in 2020. The Connecticut Board of Pardons and Paroles did not grant any commutations in 2020. As we know, the COVID-19 pandemic changed the lives of many people. However, the inmates were overlooked as the outside world was shifting and adjusting to the climate of our world at the time. The inmates were the least of everyone’s concerns, which resulted in the death of inmates due to overcrowding and poor health conditions. After the work of many other community leaders, including Alexander Taubes and Barbara Fair, the CT Board of Pardons and Paroles introduced a new policy in July 2021 that allowed commutation of sentences, thanks to Chairman Carleton J. Giles. Shortly after, Republican lawmakers held numerous press conferences with families of victims vocalizing their stance against this policy, which created a pressure point. This led to Governor Lamont pausing this policy in 2022 and removing Chairman Carelton J. Giles from the CT Board of Pardons and Paroles. This act was fueled by a rejected commutation application and the victim’s family’s strong stance against the policy that had allowed him to apply, even though he was ultimately rejected for a commutation.
Revised Commutation Policy in 2023
The policy was reinstated in July 2023 under stricter eligibility requirements. The most significant change in the 2023 policy is the requirement that applicants must demonstrate “exceptional and compelling circumstances” to receive a hearing and sentence reduction. This contrasts with the prior policy, which aimed to address lengthy sentences received in the 1990s and 2000s. The new policy requires applicants to be currently incarcerated and have served a minimum of ten years. Individuals serving a life sentence without the possibility of parole are ineligible. Applicants cannot have been denied a commutation or had one revoked within the last five years. The revised policy emphasizes victim notification and participation in the commutation process. Under the new policy, the Board is required to provide notice to the Office of Victim Services and the Office of the State’s Attorney prior to a commutation hearing. Victims or their representatives are also permitted to appear at hearings to provide testimony relevant to the application.
A Shift Toward Justice and Its Limits
This narrative has begun to change. Between 2021 and 2022, Connecticut’s Board of Pardons and Paroles commuted the sentences of 71 individuals, including 44 convicted of murder, a dramatic departure from the previous norm of just three commutations per year from 2016 to 2021. These 71 individuals received an average sentence reduction of about 15.4 years, with commuted sentences dropping from an average of 44.9 years to 31.5 years. Crucially, many of the commutations granted during this period involved individuals who had committed their crimes as young adults. The Board recognized a growing body of scientific evidence showing that the brain continues developing well into the mid-20s, and that youthful offenders are often more capable of rehabilitation than previously believed.
Conclusion: Need for Grace and Freedom
Although there are mixed perspectives on commutations, they offer a measure of grace to a reformed or wrongfully convicted person and our criminal justice system. This graceful act allows defendants to reintegrate into society as productive members. It also shows society that when the system is unfair and unjust, a system has been implemented to address those wrongdoings. The Board of Pardons and Paroles plays a vital role in reshaping lives, offering grace, and being the miracle that some had wished for. Youthful offenders fall victim to the system due to limited resources, access to justice, and poor legal representation. They are forced to spend their adult years in prison without being heard. Allowing the process of commutations gives these victims the hope that they can tell their truth and be granted freedom. In most cases, crucial evidence is presented during the commutation process that was overlooked in the initial proceeding.
Defining freedom can be difficult, but proving one’s innocence seems to be a lot harder. Having privileges, access to justice, and systems of grace can lead to freedom. But imagine a life where you have no privilege, no access, no grace, and no freedom. That is the reality of many incarcerated people, many of whom are people of color.
Written by:
Jahnyah Howell
