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In law, a conviction is the determination by a court of law that a defendant is guilty of a crime. [1] A conviction may follow a guilty plea that is accepted by the court, a jury trial in which a verdict of guilty is delivered, or a trial by judge in which the defendant is found guilty. The opposite of a conviction is an acquittal (that
A verdict of guilty in a criminal case generally requires evidence to be tested and true beyond reasonable doubt [3] and is normally followed by a judgment of conviction rendered by judge, which in turn be followed by sentencing. In U.S. legal nomenclature, the verdict is the jury's finding on the questions of fact submitted to it.
United States (1989), the Court held that there is no Sixth Amendment exception to criminal forfeiture; i.e., after conviction, the government can seek forfeiture of already paid legal fees under a forfeiture statute, notwithstanding the effect on the defendant's ability to retain counsel of choice. [116] Appointment of counsel
Article I, Section 29, of the State Constitution is similar to Article III, Section 3 of the United States Constitution, limiting the legal definition of "treason" to levying war against the State or giving "aid and comfort" to the enemies of the State. Conviction requires two witnesses to the act itself, or a confession in open court. [10]
"High crimes and misdemeanors" is a phrase from Section 4 of Article Two of the United States Constitution: "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."
Certificates of criminal records are issued from the Department for Criminal Records. To be expunged of any conviction from one's criminal record, Article 19 of the Law on Legal Consequences of Conviction, Rehabilitation and Criminal Records (Official Gazette 143/12) needs to be referred to. [26]
If a defendant is found guilty of a crime or pleads guilty, the judge or other sentencing authority imposes a sentence.A sentence can take a number of forms, such as loss of privileges (e.g. driving), house arrest, community service, probation, fines and imprisonment.
The Guidelines are the product of the United States Sentencing Commission, which was created by the Sentencing Reform Act of 1984. [3] The Guidelines' primary goal was to alleviate sentencing disparities that research had indicated were prevalent in the existing sentencing system, and the guidelines reform was specifically intended to provide for determinate sentencing.