corpus delicti

Thân thiện

A detective examines the corpus delicti at the crime scene.

Definition

1. Noun:
   • The body of evidence that constitutes the offense; the objective proof that a crime has been committed: In legal contexts, "corpus delicti" refers to the fundamental facts and evidence necessary to prove that a crime has occurred, independent of any suspect's identity or confession. It is sometimes mistakenly thought to refer specifically to the physical body of a homicide victim.

Usage

• The term is used primarily in legal and forensic contexts to discuss the establishment that a crime has taken place.
• It is a Latin phrase adopted into English legal terminology and is typically used in its original form.

Examples

• Noun:
  • The prosecution must first establish the corpus delicti before introducing the defendant's alleged confession.
  • Finding the murder weapon was crucial to proving the corpus delicti of the case.
  • The absence of a body complicated, but did not preclude, the establishment of the corpus delicti for the homicide.

Advanced Usage

• Legal Principle: The "corpus delicti rule" is a doctrine in criminal law which states that a confession alone is insufficient for a conviction; there must be some independent evidence establishing that a crime was committed.
  • The defense argued that the corpus delicti rule was violated because the conviction relied solely on the defendant's statement.

Variants and Related Words

• Corpus (noun): In a general sense, a body or collection of writings or data (e.g., a corpus of literature). In the legal phrase, it specifically relates to the "body" of the crime.
• Delict (noun): A legal term for a wrongful act or offense; a tort or crime. (Rarely used alone in modern English outside of legal scholarship or the phrase "corpus delicti").

Synonyms

• Body of the crime: A direct English translation sometimes used.
• Substantive evidence of the crime: A descriptive phrase with a similar meaning.
• Proof that a crime was committed: A plain language equivalent.

Notes on Meaning

• Common Misconception: While "corpus" can mean "body," in "corpus delicti," it does not exclusively or necessarily refer to a physical corpse. The phrase refers to the entirety of evidence proving the crime's occurrence. For a murder, this evidence of a death (which may be a body), but also evidence that the death was caused by a criminal act.
• Scope: The "corpus delicti" encompasses all objective facts that show a law was violated, such as evidence of a broken window and missing items for burglary, or evidence of a death by unlawful means for homicide.

Học thuật

Noun

1. the body of evidence that constitute the offence; the objective proof that a crime has been committed (sometimes mistakenly thought to refer to the body of a homicide victim)