Corpus Delicti Rule

  • Corpus delicti consists of two elements: (1) the injury or loss or harm; and (2) a criminal agency causing the harm. (People v. Dorsey (1974) 43 Cal.App.3d 953, 961.)
    • “Criminal Agency” relates to acts in violation of law. Proof of criminal agency requires evidence from which it might be concluded that the injury or harm resulted from the intentional act of a human being. (People v. Ott  (1978) 84 Cal.App.3d 118, 131.)
  • Proof of corpus delicti need not be BRD. Only a slight prima facie showing is necessary, and such showing may also be established by circumstantial evidence. (Ibid).
  • The identity of the perpetrator is not a part of the corpus delicti. (People v. Ott (1978) 84 Cal.App.3d 118, 131.)
    • Prosecutor need not ID the perp or connect the D to the crime. All that need be shown by independent evidence before a confession may be introduced is that a crime has been committed by someone.