Read news in Hot Public News to update the latest News around the world. Hot Public News Proudly brought the latest news to you for those who's hunt the update Information or news around the world. Happy Reading!
Corpus delicti (Latin: “body of crime”) is a term from Western jurisprudence which refers to the principle that it must be proven that a crime has occurred before a person can be convicted of committing the 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 not sufficient evidence to prove the defendant’s guilt beyond a reasonable doubt. See, e.g., Wong Sun v. United States, 371 U.S. 471, 497 n.14, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963)(citing to corpus delicti rule and stating: “For the history and development of the corroboration requirement, see 7 Wigmore, Evidence [3d ed. 1940], §§ 2070-2071; Note, Proof of the Corpus Delicti Aliunde the Defendant’s Confession, 103 U. of Pa. L. Rev. 638-649 [1955]. For the present scope and application of the rule, see 2 Underhill, Criminal Evidence [5th ed. 1956], §§ 402-403.
For a comprehensive collection of cases, see Annot., 45 A. L. R.2d 1316 [1956].”) 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.
Subscribe to my feed