GUILT, GUILTY (AS. gylt, gilt, from AS., Goth. gildan, 011G. geltan, Ger. gelten, Eng. yield). In law, guilt signifies the fact, whether an overt act or a state of mind, which renders a person liable to punishment for crime. In gen eral, the commission of a forbidden act in itself constitutes legal guilt, but there are other acts, innocent in themselves, which become criminal when performed with a guilty intent. (See CRIME; INFANT.) In the common-law system, a person accused of crime is presumed to he inno cent until his guilt has been established by the verdict of a jury. In England and America there are only two general verdicts which can be given in criminal cases—viz. 'guilty' or 'not guilty'; but in Scotland there is an intermediate verdict, called 'not proven,' which, though in reality a verdict of 'not guilty' (and it is so entered in England), yet is allowed to be given by juries when they are not satisfied that suffi cient legal evidence has been given, but neverthq less consider there was some foundation for the charge, or at least some ground for suspicion.
It has been objected to this verdict that it leaves a stigma on the party against whom it is found; but it is, nevertheless, firmly intrenched in the law and practice of Scotland.
A person charged with crime is said to have a 'guilty mind' when he has sufficient mental capacity to understand the action and quality of the criminal act in question. Even though he has such capacity, if the act were done under extreme duress (q.v.), the actor would not dis play a 'guilty mind' For the effect of the plea of 'guilty' or 'not guilty,' in criminal actions, see GENERAL ISSUE; PLEA.