Conviction
This article relies largely or entirely on a single source. (April 2019) |
Criminal procedure |
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Criminal trials and convictions |
Rights of the accused |
Verdict |
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Sentencing |
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Post-sentencing |
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In
The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, 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 a discharge and is used in countries including England, Wales, Canada, Australia, and New Zealand.
In any criminal justice system, innocent people are sometimes convicted. Appeal mechanisms and post conviction relief procedures may help to address this issue to some extent. An error leading to the conviction of an innocent person is known as a miscarriage of justice. In some judicial systems, the prosecution may appeal acquittals; while in others, this is prohibited under double jeopardy protections.
After a defendant is convicted, the court determines the appropriate
A minor conviction is a warning conviction that does not affect the defendant but serves as a warning.[citation needed]
A person's history of convictions is known as their antecedents or "previous" in the United Kingdom and "priors" in the United States and Australia.
See also
References
- ^ Garner, Bryan A., ed. (2019). Black's law dictionary (11th ed.). St. Paul, Minn.: West Group.