Also known as: guilt · culpable
Written by attorneys · grounded in primary & secondary sources — see below
A determination by a factfinder or a plea by a defendant establishing that the defendant committed the charged criminal offense.
Gavin Grant and Gareth Glover agree to rob a bank and divide the proceeds. The prosecution charges them with conspiracy. The agreement and shared intent alone establish their guilt for the inchoate offense even though no bank is robbed.
After a patron is injured in a fall at Granite Holdings, the company installs new mats. In the ensuing criminal prosecution for reckless endangerment, the prosecution cannot use the mats to prove Granite Holdings was guilty of culpable conduct at the time of the incident.
Guadalupe Gallegos suffers an epileptic seizure while driving and strikes a pedestrian. Because the seizure is not a voluntary act, she cannot be found guilty of any resulting criminal offense under the governing statute.
Select any source to read its text and confirm it supports the definition.
Gustavo Gutierrez and two co-defendants face related charges. Their lawyer proposes a single plea deal under which all three would plead guilty. The deal is invalid unless each defendant separately gives written informed consent after full disclosure of the terms.
Gabriella Gomez is tried for assault. The prosecution withholds a witness statement that supports her self-defense claim. The suppressed statement is material to guilt, so due process requires reversal of any conviction obtained without disclosure.
Guillermo Guzman refuses to enter any plea at arraignment. The court must record a plea of not guilty on his behalf, preserving his right to contest the charges at trial.
A guilty plea admits the essential elements of the offense and waives most challenges to the sufficiency of the evidence. The plea must still be voluntary and intelligent, and the court must ensure a factual basis exists before accepting it.
Supporting sources
Under the traditional common law definition, the agreement itself supplies the actus reus. No additional overt act is required to establish guilt for the conspiracy.
Supporting sources
The court must enter a plea of not guilty on the defendant's behalf. This preserves the right to trial and prevents an unintended guilty finding.
Supporting sources
Due process requires disclosure of material evidence favorable to the accused. When such evidence is suppressed, whether intentionally or inadvertently, any resulting conviction must be reversed.
Supporting sources
…alive." It made a willful act performed with the necessary intent a felony. It contained a proviso that one was not to be found guilty of the offense "unless it is proved that the act which caused the death of the child was not done in good faith for the purpose only of preserving the life of the mother." A seemingly…