If someone has been found guilty of a crime by a court but not yet been sentenced, are they really convicted?

Question

You often see people mention that Donald Trump is a convicted felon, but while watching an attorney discuss the aftermath of the recent presidential election he made a short comment that Trump is technically not convicted until he has been sentenced.

My own transcription from a video by Nate The Lawyer, likely some errors because English is not my native language:

At this time he's not convicted because he hasn't been sentenced, you only convict him when you sentence. He has been found guilty, on 34 counts, so, you know... that goes enough, but he is not convicted, he's not a convicted felon yet. But he has definitely been found guilty. But it's easier to say, "yeah, he's a convicted felon".

The question Is Trump now a felon even if he appeals? seems very similar, but focuses on the word felon, which I feel is different and does not help me understand.

If "Nate The Lawyer" (yes, he is a real attorney) is wrong, is there a reason why one attorney would believe it to be true, perhaps different jurisdictions? Maybe it has a technical importance for a prosecutor, since he used to work as one.

Answer 1

Oxford English Dictionary defines "convicted" as:

Proved or found guilty; condemned.

The American and English Encyclopaedia of Law (1898):

Convicted Felon. ... Convicted. ... 1. The word "conviction" ordinarily signifies the finding of the jury, by verdict, that the prisoner is guilty. When it is said there has been a "conviction," or one is "convict," the meaning usually is, not that sentence has been pronounced, but only that the verdict has been returned. Thus it has been held, where a constitution conferred the pardoning power upon the executive after conviction, that a pardon granted a defendant after verdict, but before sentence, was valid.

canada

Conviction and sentencing are distinct. A person is merely a defendant or accused until they are convicted. Once they are convicted, they are considered an offender and subject to sentencing. A court cannot sentence someone who has not been convicted.

This distinction is clear from s. 720 of the Criminal Code:

A court shall, as soon as practicable after an offender has been found guilty, conduct proceedings to determine the appropriate sentence to be imposed.

The Supreme Court of Canada has held (R. v. Ead (1908), 40 S.C.R. 272):

A man might never be sentenced, yet he stands convicted when found guilty or acquitted when found not guilty.

Industrial Acceptance Corp. Ltd. v. The Queen, [1953] 2 S.C.R. 273:

It was, however, held by the Court of Crown Cases Reserved that the word "convicted" in ss. 9 and 12 meant "found guilty" and that the sentence was to follow on the conviction.

Answer 2

england-and-wales

Conviction happens when you are found guilty. Sentencing is a separate step that happens afterwards. Being convicted is not dependent on being sentenced.

See for example Section 2 of the Bail Act 1976:

(1) In this Act, unless the context otherwise requires, “conviction” includes—

(a) a finding of guilt,

(b) a finding that a person is not guilty by reason of insanity,

(c) a finding under section 11(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (remand for medical examination) that the person in question did the act or made the omission charged, and

(d) a conviction of an offence for which an order is made discharging the offender absolutely or conditionally,

and “convicted” shall be construed accordingly.

See also this wording in Section 6(6) which makes it clear that sentencing is something that happens after conviction:

Where a magistrates’ court convicts a person of an offence under subsection (1) or (2) above the court may, if [various conditions apply] commit him in custody or on bail to the Crown Court for sentence.

You can also search through the Sentencing Act 2020 for the prefix "convict". There are many relevant provisions which indicate that sentencing is a later step. Here's just one example, from Section 15(6):

Nothing in this section prevents the court from committing an offender convicted of an offence to the Crown Court for sentence under section 14 or 18 if the provisions of that section are satisfied.

Answer 3

new-york

New York's criminal procedure law doesn't address specifically whether a defendant who has been convicted but not yet sentenced may be called "a convict" (presumably because it does not use the noun "convict"), but it does provide that conviction results from a guilty plea or from a trial resulting in a guilty verdict, and that sentencing is a separate step that must follow conviction. For example, CPL 380.20:

S 380.20 Sentence required.

The court must pronounce sentence in every case where a conviction is entered. If an accusatory instrument contains multiple counts and a conviction is entered on more than one count the court must pronounce sentence on each count.

The following section, 380.30, begins:

S 380.30 Time for pronouncing sentence.

1. In general. Sentence must be pronounced without unreasonable delay.
2. Court to fix time. Upon entering a conviction the court must:
   (a) Fix a date for pronouncing sentence; or
   (b) Fix a date for one of the pre-sentence proceedings specified in article four hundred; or
   (c) Pronounce sentence on the date the conviction is entered in accordance with the provisions of subdivision three.

Thus the entering of the conviction is distinct from the imposition of the sentence.

There is a provision (that if I understand correctly is no longer in force) later in 380.30 that uses the term "stands convicted." Like the term "convicted felon," this uses the adjective "convicted" to describe someone, and here it is used to describe someone who has not yet been sentenced:

3. Deferral of sentencing. The court may defer sentencing of any offender convicted of a class C, D, or E felony offense under articles two hundred twenty and two hundred twenty-one of the penal law or any class D or E felony offense under articles one hundred fifteen, one hundred forty, one hundred forty-five, one hundred fifty-five, one hundred sixty-five, one hundred seventy and one hundred ninety of the penal law, to a specified date no later than twelve months from the entering of a conviction if:
   (a) The defendant stands convicted of his or her first felony offense;
   and
   (b) ...

Similarly, 330.25 (a section of Article 330, which concerns "Proceedings from Verdict to Sentence"):

S 330.25 Removal after verdict.

1. Where a defendant is a juvenile offender who does not stand convicted of murder in the second degree, upon motion and with the consent of the district attorney, the action may be removed to the family court in the interests of justice pursuant to article seven hundred twenty-five of this chapter notwithstanding the verdict.
2. ...

Answer 4

The lawyer is correct - in the USA following the jury returning a verdict the judge then deals with post trial motions and the sentencing, until that is complete then legally there is no conviction.

The completion is signified by the Judge signing the Judgment and Commitment Order or the equivalent state form.

in United States practice, conviction means a finding of guilt (i.e., a jury verdict or finding of fact by the judge) and imposition of sentence. If the defendant fled after the verdict but before sentencing, he or she has not been convicted,

https://www.justice.gov/archives/jm/criminal-resource-manual-609-evidence-conviction