Corpus Delicti Maxim

The 'Corpus Delicti' maxim refers to the principle that a crime must be proven to have occurred before a person can be convicted of committing it. This means that the physical evidence of the crime itself must be established in court, confirming that an injury or loss has taken place.

The term 'Corpus Delicti' originates from Latin, meaning 'body of the crime'. Its use can be traced back to early English common law when the necessity of evidence related to a crime was solidified.

In modern law, the Corpus Delicti maxim is applied to ensure that there is sufficient evidence indicating that a crime has occurred before a defendant can be held liable. For instance, in homicide cases, it necessitates proof that a victim has died due to a criminal act rather than accidental or natural causes.

• In a murder trial, prosecutors must present evidence of the victim's death as part of satisfying the corpus delicti.
• In cases of arson, there must be proof that property was unlawfully burned and that the fire resulted from a criminal act.

• People v. Kelly, 45 Cal. 4th 158 (2008)