What is the Difference Between Conviction and Sentence?

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The difference between conviction and sentence lies in their definitions and the sequence of events in a criminal trial:

  • Conviction: This refers to the outcome of a criminal trial, where a person is found guilty of a crime. A conviction can result from a verdict by a judge or jury, or by the person pleading guilty. A conviction is a prerequisite for a sentence.
  • Sentence: This is the formal declaration by a court imposing a punishment on the person convicted of a crime. A sentence could include probation, jail time, or prison, and may involve a mix of these options. In some cases, the court may order additional conditions, such as community service, treatment/classes for substance abuse, anger management, or payment of restitution and fines. The term "sentence" is most often used in relation to criminal trials, as opposed to civil trials.

In summary, a conviction is the formal finding of guilt in a criminal trial, while a sentence is the punishment imposed by the court on the person convicted of the crime. A conviction must precede a sentence.

Comparative Table: Conviction vs Sentence

The difference between conviction and sentence can be summarized as follows:

Conviction Sentence
The outcome of a criminal prosecution, where the defendant is found guilty of the crime charged The punishment imposed on a person who has been convicted of a crime
Refers to the act of proving or declaring a person guilty of a crime Refers to the specific penalty or sanction imposed on a person for a crime
Expressed by a formal declaration through a jury or judge Determined by considering factors such as the defendant's criminal history, the nature of the crime, and sentencing guidelines
Can be appealed within a given period of time Can also be appealed, but typically after completing the sentence or a significant portion of it

In summary, conviction is the declaration of a person's guilt, while sentence refers to the punishment imposed upon conviction. The sentencing court determines the appropriate sentence based on various factors, including the defendant's criminal history and the nature of the crime.