Sentencing and Convicting
In law, a convicting is the verdict that results when a court of law finds a defendant guilty of crime. The opposite of a conviction is an acquittal (i.e. “not guilty”).
In Scotland and in the Netherlands, there can also be a verdict of “not proven”, which counts as an acquittal. There are also cases where the court orders that a defendant not be convicted, despite being found guilty.
For a host of reasons, the criminal justice system is not perfect, and sometimes guilty defendants are acquitted, while innocent people are convicted. Appeal mechanisms mitigate this problem to some extent. An error which results in 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 furthermore, the conviction may lead to results beyond the terms of the sentence itself. Such ramifications are known as the collateral consequences of criminal charges.
A minor conviction is considered, in a term, a warning conviction, and it doesn’t affect the defendant, but does serve as a warning.
Sentencing
After conviction, a defendant may be allowed to remain free until sentencing. The decision on this issue is made by the court, and it depends on the nature of the conviction and the nature of the defendant’s perceived character. For example, a court will not allow a convicted murderer or rapist to remain free until sentencing. A court may, however, allow a nonviolent convict to post a bond and to remain free pending sentencing.
Sentencing for a felony conviction is usually heard by the court in a separate hearing held several days or weeks after the verdict. At a felony sentencing hearing, the prosecution makes a recommendation of punishment, and the defendant usually argues for leniency. For lesser offenses, such as misdemeanors and violations, sentencing may immediately follow the verdict.
Probation releases a convicted defendant into the community under the supervision of probation officer. This type of sentence is generally reserved for first time offenders, to give them an opportunity to reform and rehabilitate.
A probationer will be called back into court and sentenced to serve a term of incarceration if he or she breaks the terms of the probation. For example, suppose that a person who has been convicted of marijuana possession and sentenced to probation has been ordered to complete treatment for chemical dependency and to report to a probation officer twice a week. If the probationer fails to complete these requirements, the court may order the defendant to serve a period of incarceration for the marijuana offense.
If probation is revoked, the probationer is entitled to counsel. However, an indigent probationer is not automatically entitled to a court-appointed attorney. Whether a probationer receives free counsel depends on a number of factors. Generally, the court will appoint an attorney if an indigent probationer denies committing the alleged act and faces lengthy imprisonment.
Appeal
In law, an appeal is a process for requesting a formal change to an official decision. Very broadly speaking there are appeals on the record and de novo appeals. In de novo appeals, a new decision maker re-hears the case without any reference to the prior decision maker. In appeals on the record, the record, the decision of the prior decision maker is challenged by arguing that he or she misapplied the law, came to an incorrect factual finding, acted in excess of his jurisdiction, abused his powers, was biased, considered evidence which he should not have considered, or failed to consider evidence that he should have considered.
The result of an appeal can be:
Affirmed: Where the reviewing court disagrees with the result of the lower courts ruling(s).
Reversed: Where the reviewing court disagrees with the result of the lower courts ruling(s).
Remanded: Where the reviewing court sends the case back to the lower court. There can be multiple outcomes, so that the reviewing court can affirm some rulings, reverse others and remand the case all at the same time. Remand is not required where there is nothing left to do in the case. “Generally speaking, an appellate court’s judgment provides ‘the final directive of the appeals courts as to the matter appealed, setting out with specificity the court’s determination that the action appealed from should be affirmed, reversed, remanded or modified”
Some reviewing courts that have discretionary review may send a case back without comment other than review improvidently grated. In other words, after looking at the case, they choose not to say anything. The result for the case of review improvidently granted is effectively the same as affirmed, but without that extra higher court stamp of approval.
In law, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime. To ensure fairness, defendant can appeal on certain grounds.