Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Ask a Criminal Defense Attorney: What is Corpus Delicti and How Can it Affect My California Criminal Case?

Corpus delicti is Latin for "body of the crime." The "corpus delicti" principle of common law states that a person should not be found guilty if there is insufficient evidence that the crime actually took place.

The corpus delicti in a theft case is heavily reliant on the stolen goods. A broken nose may be a component of the offense in an assault case. A dead body is a component of the corpus delicti in a homicide case. Read on to learn more about the corpus delicti rule and how it impacts your California criminal case. Then contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.

How does California's corpus delicti rule work?

The corpus delicti rule and corpus delicti are two slightly distinct concepts. The Latin word corpus delicti translates to "body of the crime." Every criminal case must establish the corpus delicti, but it cannot be done only on the basis of an accused person's statements or confession.

According to the rule, the body of the crime, also known as the corpus delicti, is established when the prosecution provides proof that a person's injury, loss, or harm; and the criminal organization responsible for the injury, loss, or pain.

Here is an illustration of how the rule might be used

A car with a flat tire was discovered parked on the side of the road. There were two persons nearby who were both drunk. This circumstantial evidence, according to the court, showed that the flat happened while someone was driving, and that one of the people had been drinking and driving. As a result, the corpus delicti was proven, and the defendant's claim that he was the driver of the vehicle was granted.

Please be aware that the corpus delicti rule also applies to claims brought by co-defendants or accomplices.

What does the corpus delicti rule serve?

The corpus delicti rule is designed to guard against fabricated testimony and false confessions for an accused person. According to a court in California, the corpus delicti rule reflects the awareness that jurors are inclined to accept confessions without question as well as the anxiety that confessions may be the product of illegal police officer behavior or the accused's mental instability.

For instance: police in Los Angeles stop a homeless man who is riding a brand-new bicycle. They inquire as to where he got it. He says, "I don't remember," and shrugs. “Most likely, I took it.” In a criminal trial court, a prosecution will not be able to prove the defendant committed a theft beyond a reasonable doubt (the burden of proof) without further evidence to establish the corpus delicti.

Do you still have questions about corpus delicti?

The good news is that you do not have to be an expert on this topic – or even understand it. That is what your attorney is for. Contact Law Office of Michael L. Fell at (949) 585-9055 now for a free legal consultation to learn more about your options.