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Conviction - Dictionary Definition and Overview |
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Conviction : \Con*vic"tion\, n. [L. convictio proof: cf. F.
conviction conviction (in sense 3 & 4). See Convict,
Convince.]
1. The act of convicting; the act of proving, finding, or
adjudging, guilty of an offense.
The greater certainty of conviction and the greater
certainty of punishment. --Hallam.
2. (Law) A judgment of condemnation entered by a court having
jurisdiction; the act or process of finding guilty, or the
state of being found guilty of any crime by a legal
tribunal.
Conviction may accrue two ways. --Blackstone.
3. The act of convincing of error, or of compelling the
admission of a truth; confutation.
For all his tedious talk is but vain boast, Or
subtle shifts conviction to evade. --Milton.
4. The state of being convinced or convicted; strong
persuasion or belief; especially, the state of being
convicted of sin, or by one's conscience.
To call good evil, and evil good, against the
conviction of their own consciences. --Swift.
And did you presently fall under the power of this
conviction? --Bunyan.
Syn: Conviction; persuasion.
Usage: Conviction respects soley matters of belief or faith;
persuasion respects matters of belief or practice.
Conviction respects our most important duties;
persuasion is frequently applied to matters of
indifference. --Crabb. -- Conviction is the result of
the [operation of the] understanding; persuasion, of
the will. Conviction is a necessity of the mind,
persuasion an acquiescence of the inclination. --C. J.
Smith. -- Persuasion often induces men to act in
opposition to their conviction of duty.
Based on Webster's Revised Unabridged Dictionary
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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.
Based on Webster's Revised Unabridged Dictionary (1913)
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Example Usage of Conviction |
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courageinc: I have a quote on my wall, in big, bold red letters: PERSISTENT RELENTLESS Conviction. Well...that's not true. They're lowercase. |
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RonDWilliams: Esther ch.2 - my dream for my girls - quiet confidence/strong character/listens to the wisdom of others/deep Conviction/inner beauty first! |
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yousefghandour: Don't Strive for Perfection, Launch Early ...acting without Conviction... http://bit.ly/7s4MT5 |
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