Conviction
 | This articlerelies largely or entirely on asingle source.(April 2019) |
| Criminal procedure |
|---|
| Criminal trials and convictions |
| Rights of the accused |
| Verdict |
| Sentencing |
|
| Post-sentencing |
| Related areas of law |
| Portals |
|
Inlaw,aconvictionis the determination by acourt of lawthat adefendantisguiltyof acrime.[1]A conviction may follow a guiltypleathat is accepted by the court, ajury trialin which averdictof guilty is delivered, or atrial by judgein which the defendant is found guilty.
The opposite of a conviction is anacquittal(that is, "not guilty" ). InScotland,there can also be a verdict of "not proven",which is considered an acquittal. Sometimes, despite a defendant being found guilty, the court may order that the defendant not be convicted. This is known as adischargeand is used in countries including England, Wales, Canada, Australia, and New Zealand.
In anycriminal justicesystem, innocent people are sometimes convicted.Appealmechanisms andpost convictionrelief procedures may help to address this issue to some extent. An error leading to the conviction of an innocent person is known as amiscarriage of justice.In some judicial systems, the prosecution may appeal acquittals; while in others, this is prohibited underdouble jeopardyprotections.
After a defendant is convicted, the court determines the appropriatesentenceas apunishment.In addition to the sentence, a conviction can also have other consequences, known ascollateral consequences of criminal charges.These can include impacts on employment, housing, the right to travel to other countries, and other areas of an individual's life.
A person's history of convictions is known as theirantecedentsor "previous" in the United Kingdom and "priors" in the United States and Australia.
See also[edit]
References[edit]
- ^Garner, Bryan A., ed. (2019).Black's law dictionary(11th ed.). St. Paul, Minn.: West Group.
