A criminal conviction occurs when someone violates penal code or common law rules, leading to penalties. The police investigate and a prosecutor presents evidence in court to obtain a conviction. Penalties vary depending on the seriousness of the offense.
A criminal conviction occurs when a prosecutor proves in a court of law that a particular individual has violated the penal code or common law rules. Within every society, there are rules that, if violated, subject a person to criminal prosecution. In many societies, including the United States, such laws exist either in common law, or in rules made by judges, or in federal or state statutes passed by legislators.
The penal corpus is aimed at guaranteeing widespread protection for all citizens. It makes certain behaviors that are harmful to public health or violate the moral code of society as a whole illegal. Violation of these criminal laws carries penalties.
A person who violates the body of criminal law enters the criminal justice system. While the process differs slightly from country to country, usually the police will investigate a crime to determine who was responsible for the violation. In some cases, police may directly observe a crime, such as seeing someone driving drunk, and no investigation will be needed.
When there is sufficient evidence of a person’s guilt, a court official – usually a prosecutor – will ask the court for permission to arrest the party. This is called an indictment. The party is then arrested and taken to court to plead guilty or not guilty and then stand trial for the crime.
During a criminal trial, the public prosecutor presents evidence aimed at obtaining a criminal conviction against the accused. This evidence is presented to a judge and jury, and then the judge or jury determines whether the accused criminal is guilty or innocent. Rules of evidence apply that limit the type of evidence a prosecutor can introduce, and standards exist to determine exactly what the prosecutor must prove to secure a criminal conviction. In the United States, for example, the prosecutor must prove that the defendant was guilty beyond a reasonable doubt in order for the jury to convict him.
When a criminal conviction is handed down by the judge or jury, penalties follow. The penalties depend on the type of conviction and the seriousness of the offence. For a criminal conviction for a misdemeanor — called a misdemeanor in the United States — the penalties can include a fine or community service. For a more serious conviction, such as murder, the penalties are much more severe and can even amount to death.
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