Legal Question in Criminal Law in California
Can a corpus delicti be proven by a confession or admission of the defendant
Asked on 9/21/09, 12:58 pm
2 Answers from Attorneys
Brian Dinday
Law Offices of Brian R. Dinday
No. They need independent corroboration that the crime was actually committed.
Answered on 9/21/09, 1:01 pm
Joe Dane
Law Office of Joe Dane
The prosecution must prove each and every element before they can use a confession or admission of a defendant. The amount of evidence is slight, however. All they need to do is put one a showing that all elements of a crime occurred and they are entitled to introduce a defendant's statement.
They can, however, use a defendant's statement to prove identity. Identity of the perpetrator is NOT part of the corpus.
Answered on 9/23/09, 10:39 am
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