Corpus delicti
Encyclopedia
Corpus delicti (Latin
: "body of crime") is a term from Western
jurisprudence
referring to the principle that a crime must have been proven to have occurred before a person can be convicted of committing that crime. For example, a person cannot be tried for larceny
unless it can be proven that property has been stolen. Likewise, in order for a person to be tried for arson
it must be proven that a criminal act resulted in the burning of a property. Black's Law Dictionary
(6th ed.) defines "corpus delicti" as: "the fact of a crime having been actually committed".
In the Anglo-American legal system
, the concept has its outgrowth in several principles. Many jurisdictions hold as a legal rule that a defendant
's out-of-court confession, alone, is insufficient evidence to prove the defendant's guilt beyond reasonable doubt. A corollary to this rule is that an accused cannot be convicted solely upon the testimony of an accomplice. Some jurisdictions also hold that without first showing independent corroboration that a crime happened, the prosecution may not introduce evidence of the defendant's statement.
Corpus Delicti is one of the most important concepts in a murder investigation. When a person disappears and cannot be contacted, many police agencies initiate a missing person
case. If, during the course of the investigation, detectives believe that he/she has been murdered, then a "body" of evidentiary items including physical, demonstrative, and testimonial evidence, must be obtained to establish that the missing individual has indeed been murdered before a suspect can be charged with homicide
. The best and easiest evidence establishment in these cases is the physical body of the deceased. However, in the event that a physical body is not obviously present or has not yet been discovered, it is possible to prove a crime took place if sufficient circumstantial evidence is presented to prove guilt beyond a reasonable doubt
.
In essence Corpus delecti of crimes refers to a palpable harm. Where there is no violation of an established right there can be no wrong.
Rights are of two kinds and they are of the person jura personarum and to control external objects, jura rerum.
Wrongs are also of two kinds and they are either public or private. Public wrongs are called crimes or public offenses whereas private wrongs are called torts and either involve the breach of a duty of care, a wrongful trespass against the person or property of another and breaches of agreement or contract.
In every instance there must be a palpable harm or injury to the rights of another coupled with mens rea or guilty mind or in the alternative an element of negligence so severe as to be called criminal.
See Blackstone's commentaries book 1 beginning about pg 52.
serial killer
John George Haigh
indicated that he decided to destroy the bodies of his victims with acid
because he had the mistaken belief that, in the absence of a corpse
, murder could not be proven because there was no "corpus delicti." Haigh had misinterpreted the Latin word "corpus" as a literal body rather than a figurative one.
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
: "body of crime") is a term from Western
Western culture
Western culture, sometimes equated with Western civilization or European civilization, refers to cultures of European origin and is used very broadly to refer to a heritage of social norms, ethical values, traditional customs, religious beliefs, political systems, and specific artifacts and...
jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
referring to the principle that a crime must have been proven to have occurred before a person can be convicted of committing that crime. For example, a person cannot be tried for larceny
Larceny
Larceny is a crime involving the wrongful acquisition of the personal property of another person. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law. It has been abolished in England and Wales,...
unless it can be proven that property has been stolen. Likewise, in order for a person to be tried for arson
Arson
Arson is the crime of intentionally or maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires...
it must be proven that a criminal act resulted in the burning of a property. Black's Law Dictionary
Black's Law Dictionary
Black's Law Dictionary is the most widely used law dictionary in the United States. It was founded by Henry Campbell Black. It is the reference of choice for definitions in legal briefs and court opinions and has been cited as a secondary legal authority in many U.S...
(6th ed.) defines "corpus delicti" as: "the fact of a crime having been actually committed".
In the Anglo-American legal system
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, the concept has its outgrowth in several principles. Many jurisdictions hold as a legal rule that a defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
's out-of-court confession, alone, is insufficient evidence to prove the defendant's guilt beyond reasonable doubt. A corollary to this rule is that an accused cannot be convicted solely upon the testimony of an accomplice. Some jurisdictions also hold that without first showing independent corroboration that a crime happened, the prosecution may not introduce evidence of the defendant's statement.
Corpus Delicti is one of the most important concepts in a murder investigation. When a person disappears and cannot be contacted, many police agencies initiate a missing person
Missing person
A missing person is a person who has disappeared for usually unknown reasons.Missing persons' photographs may be posted on bulletin boards, milk cartons, postcards, and websites, along with a phone number to be contacted if a sighting has been made....
case. If, during the course of the investigation, detectives believe that he/she has been murdered, then a "body" of evidentiary items including physical, demonstrative, and testimonial evidence, must be obtained to establish that the missing individual has indeed been murdered before a suspect can be charged with homicide
Homicide
Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
. The best and easiest evidence establishment in these cases is the physical body of the deceased. However, in the event that a physical body is not obviously present or has not yet been discovered, it is possible to prove a crime took place if sufficient circumstantial evidence is presented to prove guilt beyond a reasonable doubt
Beyond a Reasonable Doubt
Beyond a Reasonable Doubt is a 1956 film directed by Fritz Lang and written by Douglas Morrow. The film, considered film noir, was the last American film directed by Lang.-Plot:...
.
Specific Offenses
General - All corpus delicti requires at a minimum: 1) The occurrence of the specific injury; and 2) some criminal agency as the source of the injury. For example:- Homicide - 1.) An individual has died; and 2.) By a criminal act.
- Larceny - 1.) Property missing; and 2.) Because it was stolen
In essence Corpus delecti of crimes refers to a palpable harm. Where there is no violation of an established right there can be no wrong.
Rights are of two kinds and they are of the person jura personarum and to control external objects, jura rerum.
Wrongs are also of two kinds and they are either public or private. Public wrongs are called crimes or public offenses whereas private wrongs are called torts and either involve the breach of a duty of care, a wrongful trespass against the person or property of another and breaches of agreement or contract.
In every instance there must be a palpable harm or injury to the rights of another coupled with mens rea or guilty mind or in the alternative an element of negligence so severe as to be called criminal.
See Blackstone's commentaries book 1 beginning about pg 52.
Misinterpretation
Evidence in the case of BritishUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
serial killer
Serial killer
A serial killer, as typically defined, is an individual who has murdered three or more people over a period of more than a month, with down time between the murders, and whose motivation for killing is usually based on psychological gratification...
John George Haigh
John George Haigh
John George Haigh , commonly known as the "Acid Bath Murderer" , was an English serial killer during the 1940s. He was convicted of the murders of six people, although he claimed to have killed nine...
indicated that he decided to destroy the bodies of his victims with acid
Acid
An acid is a substance which reacts with a base. Commonly, acids can be identified as tasting sour, reacting with metals such as calcium, and bases like sodium carbonate. Aqueous acids have a pH of less than 7, where an acid of lower pH is typically stronger, and turn blue litmus paper red...
because he had the mistaken belief that, in the absence of a corpse
Cadaver
A cadaver is a dead human body.Cadaver may also refer to:* Cadaver tomb, tomb featuring an effigy in the form of a decomposing body* Cadaver , a video game* cadaver A command-line WebDAV client for Unix....
, murder could not be proven because there was no "corpus delicti." Haigh had misinterpreted the Latin word "corpus" as a literal body rather than a figurative one.
See also
- Corroboration in Scots lawCorroboration in Scots lawThe importance of corroboration is a unique feature of Scots criminal law. Scotland is the only jurisdiction in Europe that requires corroboration of evidence in criminal trials...
- habeas corpusHabeas corpusis a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
– other Latin phrase using corpus, here meaning the literal body of the person being detained - Robert Leonard Ewing ScottRobert Leonard Ewing ScottRobert Leonard Ewing Scott was an American convicted murderer. Scott was convicted in 1959, in California, of having murdered his wife; the case was one of the first to establish a "bodyless" murder, that is, a murder in which no body had been discovered to bear out that there had been a crime...