Corpus delicti is a Latin term that translates to “body of the crime.” It is a foundational principle in criminal law that holds that the prosecution must prove that a crime was committed before a person can be convicted of that crime. It is the objective, physical evidence that a specific loss or injury resulted from a criminal act, not from an accident, natural causes, or suicide.
Not a Literal Body
A common misconception is that “corpus delicti” refers to the literal corpse of a murder victim. While a dead body can be a key part of the proof in a homicide case, the term refers to the body of evidence that substantiates a crime took place. A crime can have a corpus delicti without a physical body, such as in embezzlement or a “no-body” homicide case.
The Two Elements of Corpus Delicti
To establish the corpus delicti for a crime, the prosecution must prove two distinct elements:
- Proof of Injury or Loss: There must be evidence that a specific harm has occurred. For example, a person is dead, a building has burned down, or valuable property is missing.
- Proof of Criminal Agency: There must be evidence that a criminal act caused this harm. For example, the death was caused by a gunshot (not a heart attack), the fire was intentionally set (not from faulty wiring), or the property was stolen (not simply misplaced).
The Role of Forensic Science
Forensic science is the primary means by which the corpus delicti is established in many cases. The analysis of physical evidence provides the objective proof needed.
- In a Suspected Arson: A fire investigator analyzes fire debris and finds accelerant residue, establishing the corpus delicti of arson by proving the fire was intentionally set.
- In a Death Investigation: A forensic pathologist performs an autopsy and determines the cause of death was a poison not naturally found in the body, establishing the corpus delicti of homicide.
- Corroborating Confessions: The corpus delicti rule ensures a person cannot be convicted based only on a confession. There must be independent evidence that the confessed crime actually happened.
