Conviction: Difference between revisions
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{{redirect|Convicted|other uses|Convicted (disambiguation)}} |
{{redirect|Convicted|other uses|Convicted (disambiguation)}} |
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{{Criminal procedure (trial)}} |
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In [[law]], a '''conviction''' is the [[verdict]] that usually results when a [[court of law]] finds a [[defendant]] [[Guilt (law)|guilt]]y of a [[crime]].<ref>{{cite book |editor-last=Garner |editor-first=Bryan A. |date=2000 |title=Black's law dictionary |edition=7th |isbn=0-314-24077-2 |publisher=West Group |location=St. Paul, Minn. |page=335}}</ref> The opposite of a conviction is an [[acquittal]] (that is, "not guilty"). In [[Scotland]] and |
In [[law]], a '''conviction''' is the [[verdict]] that usually results when a [[court of law]] finds a [[defendant]] [[Guilt (law)|guilt]]y of a [[crime]].<ref>{{cite book |editor-last=Garner |editor-first=Bryan A. |date=2000 |title=Black's law dictionary |edition=7th |isbn=0-314-24077-2 |publisher=West Group |location=St. Paul, Minn. |page=335}}</ref> The opposite of a conviction is an [[acquittal]] (that is, "not guilty"). In [[Scotland]] and there can also be a verdict of "[[not proven]]", which counts as an acquittal. There are also cases in which the court orders that a defendant not be convicted, despite being found guilty; in England, Wales, Canada, Australia, and New Zealand the mechanism for this is a [[Discharge (sentence)|discharge]]. |
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For a host of reasons, the [[criminal justice]] system is not perfect: sometimes guilty defendants are acquitted, while innocent people are convicted. [[Appeal]] mechanisms and [[post conviction]] relief procedures may mitigate the effects of a conviction to some extent. An error which results in the conviction of an innocent person is known as a [[miscarriage of justice]]. |
For a host of reasons, the [[criminal justice]] system is not perfect: sometimes guilty defendants are acquitted, while innocent people are convicted. [[Appeal]] mechanisms and [[post conviction]] relief procedures may mitigate the effects of a conviction to some extent. An error which results in the conviction of an innocent person is known as a [[miscarriage of justice]]. |
Revision as of 12:09, 27 July 2018
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In law, a conviction is the verdict that usually results when a court of law finds a defendant guilty of a crime.[1] The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland and there can also be a verdict of "not proven", which counts as an acquittal. There are also cases in which the court orders that a defendant not be convicted, despite being found guilty; in England, Wales, Canada, Australia, and New Zealand the mechanism for this is a discharge.
For a host of reasons, the criminal justice system is not perfect: sometimes guilty defendants are acquitted, while innocent people are convicted. Appeal mechanisms and post conviction relief procedures may mitigate the effects of a conviction to some extent. An error which results in the conviction of an innocent person is known as a miscarriage of justice.
After a defendant is convicted, the court determines the appropriate sentence as a punishment. Furthermore, the conviction may lead to results beyond the terms of the sentence itself. Such ramifications are known as the collateral consequences of criminal charges.
A minor conviction is a warning conviction, and it does not affect the defendant but does serve as a warning.[citation needed]
A history of convictions are called antecedents, known colloquially as "previous" in the United Kingdom, and "priors" in the United States and Australia. The history of convictions also shows that a minor law conviction can be prosecuted as any individual's punishment.
See also
References
- ^ Garner, Bryan A., ed. (2000). Black's law dictionary (7th ed.). St. Paul, Minn.: West Group. p. 335. ISBN 0-314-24077-2.
Further reading
- Article: Comparison of the conviction rates of a few countries of the world.