Guilt (law)

In criminal law, guilt is the state of being responsible for the commission of an offense. Legal guilt is entirely externally defined by the state, or more generally a "court of law". Being factually guilty of a criminal offense means that one has committed a violation of criminal law, or performed all the elements of the offense set out by a criminal statute. The determination that one has committed that violation is made by an external body (a "court of law") after the determination of the facts by a finder of fact or “factfinder” (i.e. a jury) and is, therefore, as definitive as the record-keeping of the body. For instance, in the case of a bench trial a judge acts as both the court of law and the factfinder, whereas in a jury trial the jury is the trier of fact and the judge acts only as the trier of law. In the United States, there exists factual guilt and legal guilt. Factual guilt relates to a person having factually committed a crime. This implies that the person fulfilled the requirements necessary for the crime to have occurred, such as the elements for the crime and their constitutive philosophical framework. However, it is not possible to prove that someone has factually committed a crime. Relative to this inability to conclusively prove factual guilt, the Münchhausen trilemma exemplifies that it is impossible to prove any truth. As it is impossible to conclusively prove factual guilt, in the court of law, a prosecutor is required to prove beyond a reasonable doubt that a defendant has committed a crime. As such, the prosecutor is required to prove the defendant's legal guilt. The fact-finder(s) in the criminal court case through encountering evidence make a determination as to whether or not there is sufficient evidence to substantiate a finding that the defendant committed the crime beyond a reasonable doubt. This may or may not be a reasonable finding, however. Thus, although a defendant may be found guilty beyond a reasonable doubt (thus, found legally guilty) of having a committed a crime, such as to substantiate a conviction, such a finding does not necessarily imply that the defendant was factually found legally guilty.