conviction

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Conviction

The outcome of a criminal prosecution which concludes in a judgment that the defendant is guilty of the crime charged. The juncture of a criminal proceeding during which the question of guilt is ascertained. In a case where the perpetrator has been adjudged guilty and sentenced, a record of the summary proceedings brought pursuant to any penal statute before one or more justices of the peace or other properly authorized persons.

The terms conviction and convicted refer to the final judgment on a verdict of guilty, a plea of guilty, or a plea of nolo contendere. They do not include a final judgment that has been deleted by a pardon, set aside, reversed, or otherwise rendered inoperative.

The term summary conviction refers to the consequence of a trial before a court or magistrate, without a jury, which generally involves a minor misdemeanor.

conviction

n. the result of a criminal trial in which the defendant has been found guilty of a crime.

conviction

a person is convicted of an offence if he pleads or is found guilty of that offence.

CONVICTION, practice. A condemnation. In its most extensive sense this word signifies the giving judgment against a defendant, whether criminal or civil. In a more limited sense, it means, the judgment given against the criminal. And in its most restricted sense it is 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: this last is usually termed a summary conviction.
     2. As summary. convictions have been introduced in derogation of the common law, and operate to the exclusion of trial by jury, the courts have required that the strict letter of the statute should be observed 1 Burr. Rep. 613 and that the magistrates should have been guided by rules similar to those adopted by the common law, in criminal prosecution, and founded in natural justice; unless when the statute dispenses with the form of stating them.
     3. The general rules in relation to convictions are, first, it must be under the hand and seal of the magistrate before whom it is taken; secondly, it must be in the present tense, but this, perhaps, ought to extend only to the judgment; thirdly, it must be certain; fourthly, although it is well to lay the offence to be contra pacem, this is not indispensable; fifthly, a conviction cannot be good in part and bad in part.
     4. A conviction usually consists of six parts; first, the information; which should contain, 1. The day when it was taken. 2. The place where it was taken. 3. The name of the informer. 4. The name and style of the justice or justices to whom it was given. 5. The name of the offender. 6. The time of committing the offence. 7. The place where the offence was committed. 8. An exact description of the offence.
     5. Secondly, the summons.
     6. Thirdly, the appearance or non-appearance of the defendant.
     7. Fourthly, his defence or confessions.
     8. Fifthly, the evidence. Dougl. 469; 2 Burr. 1163; 4 Burr. 2064.
     9. Sixthly, the judgment or adjudication, which should state, 1. That the defendant is convicted. 2. The forfeiture or penalty. Vide Bosc. on Conviction; Espinasse on Penal Actions; 4 Dall. 266; 3 Yeates, 475; 1 Yeates, 471. As to the effect of a conviction as evidence in a civil case, see 1 Phil. Ev. 259; 8 Bouv. Inst. 3183.

References in periodicals archive ?
"What I, David Cameron and the charity Unlock are working on for you as potential employers to Ban the Box - remove the criminal record tick box from your application forms and ask about your candidate's criminal convictions later and avoid the interviewers 'unconscious bias.'.
"The store is run as a franchise and we are offering PS1,000 reward for information resulting in a criminal conviction."
The 10 things a promoter won't always tell you: Most schemes don't work; It could cost you more than you bargained for; You may have significant legal fees to pay; You could face criminal conviction; You could face publicity as a tax avoider; Your scheme is never HMRC approved; You could be marked out as a highrisk taxpayer; HMRC is likely to beat your scheme in court; The risk is normally all your own; You'll have to pay the tax up front anyway.
This Part argues that there were three key factors that caused legislators to pass antidiscrimination laws regarding credit checks, "no unemployed need apply" policies, and blanket refusals to hire anyone with a past criminal conviction. First, pervasiveness--legislators determined that these practices either were already, or risked becoming, sufficiently widespread to amount to severe bottlenecks in the opportunity structure, cutting some people off from a wide range of paths they might otherwise pursue.
The most favorable outcome is always one that does not involve a formal criminal conviction. The possible dispositions could include, depending on the jurisdiction:
Polanowicz also said the number of waivers denied reflects a high degree of vetting that goes on within the agency, before any cases are considered for a criminal conviction waiver.
* Avoid across-the-board policies that automatically prohibit the employment of an individual based upon a criminal conviction.
Study co-author Associate Professor Bob Hancox of the University's Department of Preventive and Social Medicine says he and colleagues found that the risk of having a criminal conviction by early adulthood increased by about 30 percent with every hour that children spent watching TV on an average weeknight.
Though the term is not defined in any statute or regulation, it is most commonly understood as the documentation of a person's criminal conviction. The record of a criminal conviction is kept on file by government agencies (police, courts, prosecutors and correctional programs) and by private agencies (newspapers, credit firms, bonding companies and employment agencies, for example).
The criminal justice system needs to think outside the box by applying different for ms of punishment, ie, all courts should automatically advise all employers of any employee who incurs a criminal conviction.
Although conventionally one thinks of utilizing a criminal conviction against a civil litigant in a personal injury case, the use of such a conviction is equally useful to impeach a party or witness in a commercial case.
It will work like drug court, in which people accused of crimes can enter the program voluntarily and receive treatment, instead of a possible criminal conviction. A Vietnam veteran, Circuit Court Judge Charles Romani, will be in charge.