Does the corpus delicti rule apply to an uncharged conspiracy as a theory of culpability?

California, United States of America


The following excerpt is from People v. Smith, D057482, D059929 (Cal. App. 2011):

Alternatively, even assuming arguendo the corpus delicti rule applies to an uncharged conspiracy as a theory of culpability, there was no violation of the rule. The corpus delicti rule applies to a defendant's preoffense statements of later intent and postoffense admissions, but not to a statement that is part of the crime itself. (People v. Carpenter (1997) 15 Cal.4th 312, 394.) When a statement is part of the crime itself, there is no concern that a defendant is admitting to a crime that never occurred. (Ibid.)

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