OMyMyOHellYes
Contributor
No, guilt or innocence is NEVER established by judge or jury.Only if a jury or a judge decides so.
It is established by commission of a defined criminal action, undertaken with the proscribed culpable mindset(1). That is guilt. Not doing the prohibited action would be innocence.
The only part a judge or jury plays is deciding if the government prosecutor has presented sufficient evidentiary matter to prove guilt beyond a reasonable doubt. If so, then State sanctions can be applied.
Summary:
Commiting the act(1) = guilt or innocence. Decided solely by the criminal.
Deciding if prosecutor presented sufficient evidence = conviction. Done by jury or in some cases a judge. The only impact from the judge/jury is if the actor gets sanctioned for their criminal act (jail, fine, or death).
There is a difference in committing a crime (guilt) and proving a crime (conviction).
(1) Intentional, Knowing, Reckless, or Criminally negligent