Also known as:judgments of conviction · judgement of conviction · conviction judgment
Written by attorneys · grounded in primary & secondary sources — see below
A court's formal entry recording the plea, verdict or findings, adjudication of guilt, and sentence imposed following a criminal conviction. The entry becomes final once all rights to appeal have been exhausted or the time for appeal has expired.
Sources & Authorities
How it applies
Common Examples
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Double Jeopardy Bar After Guilty Plea
James Johnson pleaded guilty to embezzlement in federal court. The court accepted the plea and later entered a judgment of conviction setting forth the plea, adjudication, and sentence. When state prosecutors later attempted to charge the same conduct, the prior judgment of conviction prevented the second prosecution under double-jeopardy principles.
Slayer Rule Triggered by Conviction
Jonathan Jaffe was convicted of intentionally killing his uncle. After the judgment of conviction became final, the estate petitioned the probate court. The final judgment conclusively established Jaffe as the slayer, barring him from receiving any inheritance under the slayer rule.
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Dictionaries
Hearsay Exception for Prior Conviction
Joy Jiang faced a civil suit alleging she had committed securities fraud. The plaintiff offered a final judgment of conviction entered after her guilty plea to a felony punishable by more than one year in prison. The court admitted the judgment to prove facts essential to the conviction under the hearsay exception.
Voluntary Plea Supporting Judgment
Jerome Jackson entered a guilty plea after being advised of his rights. The court found the plea knowing and voluntary, then entered a judgment of conviction that recorded the plea and imposed sentence. On later collateral attack Jackson could not successfully claim the plea was involuntary.
Brady v. United States397 U.S. 742 (1970)
Conviction Reversed on Appeal
Jillian James was convicted under a federal code provision later held unconstitutional. Because the judgment of conviction rested on an invalid delegation of legislative power, the appellate court reversed the conviction and vacated the judgment.
A. L. A. Schechter Poultry Corp. v. United States295 U.S. 495 (1935)
Sentencing Factor Requiring Jury Finding
Javier Jimenez was convicted by jury of a base offense. The judge then found, by a preponderance, that the crime was committed with racial bias and imposed an enhanced sentence. The judgment of conviction could not stand because the enhancement fact had to be found by the jury beyond a reasonable doubt.
Apprendi v. New Jersey530 U.S. 466 (2000)
Common questions
Frequently Asked
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When does a judgment of conviction become final for purposes of barring a later prosecution?+
A judgment of conviction is final once it has not been reversed or vacated and all rights to appeal have been exhausted. Under Model Penal Code § 1.08(3) the judgment supports a conviction for double-jeopardy purposes when these conditions are met.
Supporting sources
Does a judgment of conviction conclusively establish slayer status in probate proceedings?+
Yes. A final judgment of conviction for the felonious and intentional killing of the decedent conclusively establishes the convicted person as the slayer under the preponderance standard used in civil proceedings.
Supporting sources
Under what conditions is a judgment of conviction admissible under the hearsay exception for judgments?+
The judgment must have been entered after a trial or guilty plea (not nolo contendere), must be for a crime punishable by death or more than one year in prison, and must be offered to prove a fact essential to the judgment. When offered by the prosecutor in a criminal case it must be against the defendant.
Supporting sources
What must a judgment of conviction contain under the Federal Rules of Criminal Procedure?+
The judgment must set forth the plea, the jury verdict or the court's findings, the adjudication, and the sentence. The judge signs it and the clerk enters it on the docket.
Supporting sources
530 U.S. 466 (2000)Evidence
…what happened in the "commission of the offense." Moreover, there is a vast difference between accepting the validity of a prior judgment of conviction entered in a proceeding in which the defendant had the right to a jury trial and the right to require the prosecutor to prove guilt beyond a reasonable doubt, and allowing the judge to find…
Criminal Law Constitutional ProtectionsConstitutional protections of accused persons · Right to counsel (including ineffective assistance of counsel) [Sixth Amendment]NEXTGENIntermediate