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Tag BURDEN OF PROOF

A person can not be convicted or prosecuted on their statement alone. The prosecutor has a burden to prove that a crime actually occurred. If you tell someone that you murdered a person but the state does not know who it was, how it happened, and has no body, you cannot be charged with murder. Corpus delicti simply refers to the state's minimum burden to establish a crime occurred before moving forward with a prosecution

A person can not be convicted or prosecuted on their statement alone. The prosecutor has a burden to prove that a crime actually occurred. If you tell someone that you murdered a person but the state does not know who it was, how it happened, and has no body, you cannot be charged with murder. Corpus delicti simply refers to the state's minimum burden to establish a crime occurred before moving forward with a prosecution

Criminal Defense, Drunk Driving, DUI, DWI, General

DUI and Corpus Delicti

In Latin, Corpus Delicti means “body of the crime.” It is a procedural safeguard that we have in our legal system that basically means that a person may not be convicted of a crime unless it is first proven that…

Witt Law Group
March 19, 2023

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