Nussbaumer
Criminal Law
Fall 2010
(1) Homicide
A. The two elements of the corpus delecti of homicide are the death of a living human being and criminal agency. The term criminal agency means not as the result of accident, natural causes, or suicide.
B. The defendant’s identity as the perpetrator is not an element of the corpus delecti, although ultimately the prosecution must prove identity in order to secure a conviction.
a. For example in the case where the victim’s body was found in the desert the court held that there was insufficient proof of criminal agency, even though the defendant was seen with the victim shortly before the victim disappeared and was arrested afterwards while driving the victim’s car. While these facts arguably proved the defendant had the opportunity to kill the victim, they did not prove anything about the cause of death (i.e. criminal agency)
1) Circumstantial evidence may be used to prove either or both elements of the corpus delecti. By circumstantial evidence we mean a chain of facts or circumstances from which we can draw a reasonable conclusion.
a) The prosecution is not required to actually produce the victim’s body in order to establish the death of a living human being. This element may be proved using circumstantial evidence.
i) For example even though the baby’s body was not found in the case where the mom dropped the baby of the bridge, the court drew the conclusion that there was sufficient evidence.
(1) The baby was dropped from a railroad bridge which most two week olds wouldn’t survive.
(2) This included the baby’s cap being on the bank of the creek
(3) The fact that the baby was never found or heard from again
(4) The creek was flooded and the current was swift, which would make it seem likely the baby couldn’t have survived that.
ii) Public Policy Rationale (PPR) for not requiring a body. If a body was required in every case than every murderer could simply hide the body to avoid being tried for murder.
iii) Criminal agency requires that the death of a person be the result of a crime committed.
(1) In homicide that means that a victim’s death occurred due to the actions of the perpetrator involved.
(a) Woman dropped baby from bridge
(b) Man strangled his wife
iv) The question in corpus delicti cases is whether a reasonable jury could find guilt against a perpetrator beyond a reasonable doubt after the prosecution has established the death and criminal agency requirments.
v) Defendants out of court statement will not be taken into account until the corpus delicti of homicide is met.
(1) PPR: There is a transperancy issue involved in this. Can’t be sure how out of court confession was achieved. Would rather satisfy the elements first.
(a) This is similar to the case where the guy was found on the side of the road by the doctor and his wife’s body was discovered dead.
(i) The court found criminal agency of the man, and his out of court statements also aided in his judgment.
1. The woman died from manual strangulation
2. The man had his wife’s blood on h
ding on to crowded street.
(2) Non-Examples
(a) Shoot into abandoned cabin but squatters happen to be inside
(b) Shoot into middle box car of train and homeless guy happens to be inside
(c) Drive down Cooley Dr. at 3am @ 79 MPH and hit someone
iii) Without justification
iv) An example of DHM is the case where the guy shoots at the car while driving down the highway after having an argument with victim at the club. Shot at a moving vehicle w/o justification and knowingly disregarded the life of the victim, the driver, anyone else on the highway with a high degree of risk.
v) The case where the guy was wasted and hit an officer on the side of the road. Claimed he was so drunk he didn’t know what he had done. Court ruled that he purposefully got himself that drunk, and knew he had to get home somehow after being that drunk. Should have known that if he drove home there was a very high (degree of) risk and a disregard for the potential human lives he endangered while driving drunk.
vi) The facts and circumstances are very important in establishing DHM. Can’t have intent to kill or intent to inflict GBH
d) Felony Murder Rule
i) Mens Rea: Intent to commit a felony
ii) Reasonably Forseeable: The death was reasonably foreseeable
