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Corpus Delicti in Criminal Law

NCJ Number
75356
Date Published
1975
Length
0 pages
Annotation
This instructional package on California Penal Code procedures for police officers identifying corpus delicti in criminal cases includes an audio cassette recording, a film strip, and a workbook.
Abstract
All criminal trials depend on the successful development of a corpus delicti. In California, the corpus delicti consists of all of the essential elements needed for the verification that a crime has been committed. A prima facie case is one that satifies the corpus delicti at first sight, and this case represents the first level of investigation. Investigations usually then continue until evidence of guilt has been established beyond a reasonable doubt. Before utilizing a suspect's confession against him or her in a criminal case, the prosecutor must establish two facts: (1) that a crime was in fact committed and (2) the suspect's connection to the crime. A suspect's confession cannot be used to establish that a crime was committed--a corpus delicti. Crimes must exhibit either a unity of act and intent or a unity of act and criminal negligence. Four basic types of criminal acts exist: (1) direct physical activity producing a criminal effect, (2) failure to perform a legally-required duty, (3) failure to resist involvement in an illegal act, and (4) possession of items held unlawful by statute. The workbook includes additional activities and test questions, and is designed for individualized use. An instructor's answer key is also provided.

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