Week 6 Discussion 1

Define “corpus delicti,” and give an example of how a defendant may be prosecuted for murder when the victim’s body has not been found. Describe three ways a murder can be established without a body.

“Corpus delecti “ defines and supports that a crime has been committed and is the evidential fact that has been established to conclude as basis and support for case to conclude.

An example of how a defendant may be prosecuted for murder is based on the fact that evidential remains of a foul deed that consists of DNA evidence is found around in a defendant’s home, car or any structure that is owned by such.

Example below
(excerpt from http://legal-dictionary.thefreedictionary.com/Corpus+delicti)

CORPUS DELICTI. The body of the offence; the essence of the crime

It is a general rule not to convict unless the corpus delicti can be established, that is, until the dead body has been found. Best on Pres. Sec. 201; 1 Stark. Ev. 575, See 6 C. & P. 176; 2 Hale, P. C. 290. Instances have occurred of a person being convicted of having killed another, who, after the supposed criminal has been put to death for the supposed offence, has made his appearance alive. The wisdom of the rule is apparent; but it has been questioned whether, in extreme cases, it may not be competent to prove the basis of the corpus delicti by presumptive evidence. 3 Benth. Jud. Ev. 234; Wills on Circum. Ev. 105; Best on Pres. Sec. 204. See Death.

Three ways a murder can be established with a body are:

1. Based on evidence that may be circumstantial and relying heavily on forensics as support.

(Per Wikipedia 350 cases of murder have been held in the United States)
Reference - http://en.wikipedia.org/wiki/Murder_conviction_without_a_body

Case – People v. Scott 176 Cal. App. 2d 458 (1960)

2. Case – Reiser v. Dubois et al

Case Observations – missing Nina Reiser (formerly Nina Sharanova).

Passenger seat removed – remnant of blood in car and blood splatter in house.

Convicted 4-28-08 and body found 7-7-08 led there by Reiser later.

He was convicted without body based on circumstantial evidence and investigation.

3. Case – State vs. Richard Grissom (Case 6113)

In prison for allegedly killing three females and being sentenced for murder – Life from November 20, 1990. He was convicted with little evidence to substantiate claim of murder of “4+”.

Knife ??? – was it found? Any DNR of women found on Grissom? Elderly woman – how is she tied into this (was she the one called police and said)

excerpt from http://murderpedia.org/male.G/g/grissom-richard.htm

Hinkle led the investigation of the Brown and Rusch murders as well as multiple searches of the field near Clinton Lake. The field was searched because a resident in the area recorded a license tag on a vehicle seen there at the time of the murders. It turned out to be a stolen tag later found to be in Grissom's possession.

Grassy field investigated – nothing found – who was the caller and why did they not call the police if an act of violence was committed and they could see it?

Discuss the differences between murder and manslaughter, as well as voluntary and involuntary manslaughter. Provide an example of each.
Murder – is the killing of an individual without lawful justification committed in the first degree which are acts of physical violence that would result in death with true intention to kill, do bodily injury to another (individual) with knowledge that these acts will result in death and assurance that great bodily harm will increase probability of death and knowing that a felonious act of behavior apply.

Reference: Criminal Law, Gardner/Anderson, 11th edition/2012, Page 257)

EXAMPLE

Jane waited until Bill went to sleep and struck him repeatedly with a hardened wooden oak of wood in head until she heard a crack in his head.

Mallock watched Bob place his wallet full of cash he had just won that night at the casino under his pillow…creeped in and shot Bob in his chest killing him instantly and stole the wallet and money.

Manslaughter – is classified as criminal homicide that is less than murder. This type of murder may have been provoked by the victim by either his/her action or unlawful conduct that serves as a catalyst of his/her killing. The killings are not bad enough or do not show deliberate intent to classify as murder.

EXAMPLES

Bill attacked and beat Jane viciously and in defense Jane stabbed him with a knife repeatedly.

Jane beat the hell out of Bill and he in defense clubbed her with a savage blow to her head with a candle stick.

Voluntary Manslaughter – is the killing of another person by an offender who had no intent to kill and acted during “the heat of passion” and under circumstances that would cause a reasonable person to become emotionally or mentally disturbed. Allowance of provocation serves as basis for voluntary manslaughter and the act of lack of temporary ability to act with reason.

Reference: http://en.wikipedia.org/wiki/Voluntary_manslaughter

EXAMPLES

Bob came home and found an intruder raping his wife and with no thought he flew into an uncontrolled rage of anger and the beat the rapist to death.

Melody saw a man kissing and fondling her two year old and lost her reasoning ability and crushed his skull with a hammer.

Involuntary Manslaughter – is often charged when extreme negligence or wanton or reckless conduct by the defendant brings about an unintended or accidental death.

Reference: Criminal Law, Taylor/Fritsch, 11th Edition, P. 271

EXAMPLES

Jane was texting furiously while driving and struck an elderly lady attempting to
cross a street.

Johnny was picking and combing his hair and lost control of the steering wheel and crushed a construction worker between a wall and a slab of concrete.