Post conviction

In law, post conviction refers to the legal process which takes place after a trial results in conviction of the defendant. After conviction, a court will proceed with sentencing the guilty party. In the American criminal justice system, once a defendant has received a guilty verdict, they can then challenge a conviction or sentence. This takes place through different legal actions, known as filing an appeal or a federal habeas corpus proceeding. The goal of these proceedings is exoneration, or proving a convicted person innocent. If lacking representation, the defendant may consult or hire an attorney to exercise his or her legal rights.[1]

The post-conviction process is in place to protect innocent individuals from inherent human error in the criminal justice system. One study cites 10,000 innocent people are convicted each year in the United States.[2]

  1. ^ "Crime Victims' Rights in the Post-Conviction Process". Oregon Department of Justice. Retrieved 13 January 2013.
  2. ^ Huff, Ronald C. "10,000 Innocent People Convicted Each Year, Study Estimates". Ohio State University. Archived from the original on 17 February 2012.

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