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Criminal procedure |
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In criminal law, guilt is the state of being responsible for the commission of an offense.[1] 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.[2] 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.