Conviction in the United States
A finding that a person is guilty of a charged crime. A conviction is a formal finding of fact and occurs when the prosecution is able to establish guilt “beyond a reasonable doubt.” In the federal courts and in most states, a conviction by jury requires a unanimous decision. The Supreme Court has ruled in such cases as Apodaca v. Oregon (406 U.S. 404: 1972) that convictions based on nonunanimous jury decisions are constitutional so long as the margin is no smaller than nine to three. The opposite verdict from a conviction is an acquittal.
See Also
Acquittal (Criminal Process) Jury (Criminal Process) Verdict (Criminal Process).
Analysis and Relevance
A conviction is a legal determination of criminal guilt. A conviction authorizes a court to impose some kind of penalty. The term conviction can also refer to the final judgment in a case that includes sentence. Accordingly, this final judgment or conviction occurs whether it was preceded by a judge or jury’s verdict, a defendant pleading guilty, or a defendant pleading no contest.
Notes and References
- Definition of Conviction from the American Law Dictionary, 1991, California
Conviction Definition
(Lat. eonvictio; from con, with, and vincere, to bind). In practice. That legal proceeding of record which ascertains the guilt of the party, and upon which the sentence or judgment is founded. 7 Man. & G. 504. Finding a person guilty by verdict of a jury. 1 Bish. Crim. Law, § 223. A record of the summary proceedings upon any penal statute before one or more justices of the peace or other persons duly authorized, in a case where the offender has been convicted and sentenced. Holthouse. The first of the definitions here given undoubtedly represents the accurate meaning of the term, and includes an ascertainment of the guilt of the party by an authorized magistrate in a summary way, or by confession of the party himself, as well as by verdict of a jury. The word is also used in each of the other senses given. It is said to be sometimes used to denote final judgment. Dwarr. St. (2d Ed.) 683. And a final judgment is usually held essential to conviction. 69 N. Y. 107; 99.Mass. 420. Summary conviction is one which takes place before an authorized magistrate or inferior court, without the intervention of a common-law jury, or not according to the course of a common-law prosecution.
Conviction in Foreign Legal Encyclopedias
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| Conviction | Conviction in the World Legal Encyclopedia. |
| Conviction | Conviction in the European Legal Encyclopedia. |
| Conviction | Conviction in the Asian Legal Encyclopedia. |
| Conviction | Conviction in the UK Legal Encyclopedia. |
| Conviction | Conviction in the Australian Legal Encyclopedia. |
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Legal Issue for Attorneys
(Lat. eonvictio; from con, with, and vincere, to bind). In practice. That legal proceeding of record which ascertains the guilt of the party, and upon which the sentence or judgment is founded. 7 Man. & G. 504. Finding a person guilty by verdict of a jury. 1 Bish. Crim. Law, § 223. A record of the summary proceedings upon any penal statute before one or more justices of the peace or other persons duly authorized, in a case where the offender has been convicted and sentenced. Holthouse. The first of the definitions here given undoubtedly represents the accurate meaning of the term, and includes an ascertainment of the guilt of the party by an authorized magistrate in a summary way, or by confession of the party himself, as well as by verdict of a jury. The word is also used in each of the other senses given. It is said to be sometimes used to denote final judgment. Dwarr. St. (2d Ed.) 683. And a final judgment is usually held essential to conviction. 69 N. Y. 107; 99.Mass. 420. Summary conviction is one which takes place before an authorized magistrate or inferior court, without the intervention of a common-law jury, or not according to the course of a common-law prosecution.
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Notice
This definition of Conviction Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Resources
See Also
Further Reading (Articles)
Cumulative Convictions in International Criminal Law: Reconsideration of a Seemingly Settled Issue, Suffolk Transnational Law Review; June 22, 2011; Erdei, Ildiko
Conviction Related to Meth Lab Brings Two-Year Prison Sentence, The Buffalo News (Buffalo, NY); January 10, 2014; Gryta, Matt
Ombudsman Conviction Rate Up in August, Manila Bulletin; September 2, 2008
Homicide conviction rate in ’09 up sharply ; Suffolk DA cites success factors, The Boston Globe (Boston, MA); December 28, 2009; Jonathan Saltzman
Clarity Needed on Convictions That Should Be Recorded and Those Declared ‘Spent’, The Irish Times; July 8, 2013
HOW TO REDUCE THE INCIDENCE OF WRONGFUL CONVICTION: CURRENT PERSPECTIVES OF CRIMINAL JUSTICE PRACTITIONERS, Journal of the Institute of Justice and International Studies; January 1, 2007; Ramsey, Robert J Frank, James
109 RAPE REPORTS.. JUST 1 CONVICTION; Fury as Study Highlights Sex Crime Crisis, Daily Record (Glasgow, Scotland); June 19, 2007
A Cooperative
Model for Preventing WRONGFUL CONVICTIONS, Judicature; January 1, 2004; Stookey, John A.
Innocents Convicted: An Empirically Justified Factual Wrongful Conviction Rate, Journal of Criminal Law and Criminology; March 22, 2007; Risinger, D. Michael
Juries may be told of previous convictions, The Scotsman; January 4, 2010; MARTYN MCLAUGHLIN
A Critical Component Called Conviction, The Washington Times (Washington, DC); January 1, 2001; Roberts, Paul Graig
Unconvicted – the Disclosure of Minor Convictions and Cautions, Mondaq Business Briefing; October 18, 2013; Priestley, Chris
One Hundred Years Later: Wrongful Convictions after a Century of Research, Journal of Criminal Law and Criminology; June 22, 2010; Gould, Jon B. Leo, Richard A.
Should Juvenile Adjudications Count as Prior Convictions for Apprendi Purposes?, William and Mary Law Review; February 1, 2004; Hochberg, Jeremy W.
The Lessons of Wrongful Convictions, Criminal Justice Ethics; January 1, 2008; Gould, Jon B.
Avert wrongful convictions?, New Haven Register (New Haven, CT); August 12, 2009; Charles Kochakian
ONE HUNDRED YEARS LATER: WRONGFUL CONVICTIONS AFTER A CENTURY OF RESEARCH, Journal of Criminal Law and Criminology; July 1, 2010; Gould, Jon B
STUDENT ATTITUDES TOWARD THE POST-CONVICTION REVIEW PROCESS IN CANADA, Journal of the Institute of Justice and International Studies; January 1, 2007; Bell, James G Clow, Kimberley A
The Causes of Wrongful Conviction. (Reflections), Independent Review; March 22, 2003; Roberts, Paul Craig
48 Police Officers Have Criminal Convictions; EXCLUSIVE Mersey Force Figure ‘Astonishing’, Says MP, Daily Post (Liverpool, England); September 5, 2006
Conviction in State Statute Topics
Introduction to Conviction (State statute topic)
The purpose of Conviction is to provide a broad appreciation of the Conviction legal topic. Select from the list of U.S. legal topics for information (other than Conviction).
Resources
Further Reading
- Information about Conviction in the Gale Encyclopedia of American Law.
Conviction Definition in the context of the Federal Court System
A judgment of guilt against a criminal defendant.
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