What is the test for establishing the corpus delicti?

California, United States of America


The following excerpt is from People v. Rios, 2d Crim. No. B290998 (Cal. App. 2019):

"'[T]he prosecution must prove the corpus delicti, or the body of the crime itselfi.e., the fact of injury, loss, or harm, and the existence of a criminal agency as its cause,' and cannot do so by relying exclusively on the statements of the defendant. [Citation.] The corpus delicti requirement ensures that a defendant will not be convicted of a crime that never happened. [Citation.] Proof of the corpus delicti of a crime may be made by circumstantial evidence and need not amount to proof beyond a reasonable doubt. [Citation.] Rather, the amount of independent proof required is 'quite small,' '"slight,"' or '"minimal,"' amounting only to a prima facie showing permitting a reasonable inference a crime was committed. [Citation.] Once the corpus delicti has been established, the defendant's statements may be considered for their full value. [Citation.]" (People v. Tompkins (2010) 185 Cal.App.4th 1253, 1259 (Tompkins).)

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