In
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
, a conviction is the
verdict
In law, a verdict is the formal trier of fact, finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In Engl ...
reached by a
court of law
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordanc ...
finding a
defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one jurisdic ...
guilt
Guilt may refer to:
*Guilt (emotion), an emotion that occurs when a person feels that they have violated a moral standard
*Culpability, a legal term
*Guilt (law), a legal term
Music
*Guilt (album), ''Guilt'' (album), a 2009 album by Mims
*Guilt ( ...
y of a
crime
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definit ...
.
The opposite of a conviction is an
acquittal
In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the ...
(that is, "not guilty"). In
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
, there can also be a verdict of "
not proven
Not proven (, ) is a verdict available to a Courts of Scotland, court of law in Scotland. Under Scots law, a Criminal procedure, criminal trial may end in one of three verdicts, one of conviction ("guilty") and two of acquittal ("not proven" and ...
", 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 such as England, Wales, Canada, Australia, and New Zealand.
The
criminal justice
Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the Rehabilitation (penology), rehabilitation of o ...
system is not perfect and there are instances in which guilty defendants are acquitted and innocent people are convicted.
Appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
mechanisms and
post conviction
In law, post conviction refers to the legal process which takes place after a trial results in conviction of the defendant. After conviction, a court will proceed with sentencing the guilty party. In the American criminal justice system, once a de ...
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.
After a defendant is convicted, the court determines the appropriate
sentence as a
punishment
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular acti ...
. In addition to the sentence, a conviction can also have other consequences, known as
collateral consequences of criminal charges
Collateral consequences of criminal conviction are the additional civil state penalties, mandated by statute, that attach to a criminal conviction. They are not part of the direct consequences of criminal conviction, such as prison, fines, or pro ...
. These can include impacts on employment, housing, and other areas of an individual's life.
A minor conviction is a warning conviction that does not affect the defendant but serves as a warning.
A person's history of convictions is known as their
antecedent
An antecedent is a preceding event, condition, cause, phrase, or word.
The etymology is from the Latin noun ''antecedentem'' meaning "something preceding", which comes from the preposition ''ante'' ("before") and the verb ''cedere'' ("to go").
...
s or "previous" in the
United Kingdom and "priors" in the
United States and
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
.
See also
*
Convict
*
Verdict
References
{{Authority control
Common law legal terminology
Criminal law legal terminology
Criminal law