There are a lot of misconceptions about criminal law that often leave defendants and the general public misinformed. One of these common issues is the assumption that you cannot be charged with murder if there is no dead body.
In Pennsylvania, you can definitely be charged with murder even if there is no body. There are a couple of legalistic phrases that might be the source of this confusion. Without a dead body, the case is often harder for the prosecution and allows the defense additional defense arguments.
For help with criminal charges, call the Philadelphia criminal defense lawyers at Kenny, Burns & McGill at (215) 423-5500.
Can They Charge Murder Without a Dead Body?
Murder charges can come in different “degrees” based on the defendant’s mental state: did they willfully kill the victim with premeditation, or did they merely do it intentionally. In either case, the law requires proof that the defendant killed the victim.
There are plenty of ways to prove the victim is dead without actually having a full dead body:
Witness to Murder
Although a witness might not have seen the body afterwards, they might have seen the attack that killed the person. Seeing someone get fatally shot or stabbed is good proof of the murder, even if the body is not discovered later.
Substantial Blood Loss
Sometimes the police discover blood but no body. If there is so much blood that the victim could not have survived, that is often enough to convince the jury that the victim died.
Body Parts
Sometimes murder cases are brought when only part of the body is discovered. With sufficient loss of limb, doctors can show medical certainty that the victim could not have survived, especially if the body was dismembered outside of a medical setting where wounds could be treated.
Similarly, if a body part like a heart or brain is discovered, we can assume the victim did not survive its removal.
Witnesses Saw the Body
If there is a witness who saw the victim’s body at one point, but the body has since been hidden or destroyed, then that can supply proof that the victim was seen dead at some point.
Other circumstantial evidence can also act as evidence that a dead body existed at one point, even if it’s gone now. For example, a witness can testify that they saw you dragging a person-sized bundle with a trail of blood behind it or that they smelled the odor of decomposition outside your house.
Proof Body was Destroyed or Disposed Of
Many people attempt to get away with murder by hiding or destroying the victim’s body. This can involve elaborate methods like dissolving the body in acid or simple methods like dropping the body in a river. Evidence of a large purchase of acid or witnesses spotting the defendant dumping something off a bridge can all be evidence that the defendant disposed of the body, leaving nothing to discover.
Decomposition
Murder has no statute of limitations, and charges can be filed for old murders or “cold cases.” In these cases, there likely would be no body because of natural decomposition. When this happens, partial discoveries – such as a bone or skull – are often still used as evidence.
Where Did the “No Body, No Murder” Rule Come From?
For one, the idea that murder can’t be proven without a body makes a certain level of logical sense. This is why it is important to get legal advice from our Philadelphia criminal defense lawyers: what “makes sense” and the actual law do not always line up.
Additionally, there are some legal phrases like “corpus delicti” and “habeas corpus” that might be confused or misinterpreted to be about a dead body. In reality, neither of these refers to a corpse.
Corpus delicti merely refers to the findings that make up a crime – i.e., that there is a death and that another person caused it. Habeas corpus is a legal filing to try to get a prisoner released.
Can Murder Be Proven with Circumstantial Evidence?
The phrase “circumstantial evidence” is often confused to mean “weak evidence.” Instead, it just means evidence of the circumstances, rather than direct proof of the crime.
Direct vs. Circumstantial Evidence
Direct evidence is when someone actually sees a crime happen or the evidence actually shows the crime. For example, a witness seeing you stab someone is direct evidence that you stabbed the person. In a non-murder example, evidence of a forged check would be direct evidence of fraud.
Circumstantial evidence is proof of the circumstances. For example, if you walk out of a building and the ground is wet and the sky is cloudy, that is good evidence that it rained, even if you did not witness rainfall. Similarly, massive amounts of blood are good proof that someone died, even if no one found the body.
Use in Murder Cases
Nearly all murder cases use circumstantial evidence in some way. Unless there is eyewitness testimony of the entire case, police and prosecutors always rely on some level of circumstantial evidence. Mental states are also usually gathered from circumstantial evidence, as you cannot read a defendant’s mind.
When there is no dead body, the case might involve more circumstantial evidence, but that doesn’t mean the evidence is necessarily weaker.
Examples
In one case, the prosecution actually argued the defendant was guilty – even though there was no body – because he searched the web for information on whether you can be charged with murder without a body and searched for how to dispose of a body.
Defenses in No-Body Murder Cases
The defendant can often make additional arguments when no body is found:
- The victim didn’t die
- The victim is merely missing
- The victim ran away
- The victim was still alive, but left before the defendant could render aid.
The jury merely needs some reasonable doubt to acquit the defendant.
FAQs for Murder Charges with No Corpse
Can They Prove You Disposed of a Body?
If there is eyewitness testimony that you dumped a body or were transporting a body, that can prove you were responsible for the murder. Evidence of the use of acid, fire, or other disposal techniques can also prove you were responsible.
Can Murder Be Proven with Circumstantial Evidence?
Most murder cases involve some level of circumstantial evidence. Just because the evidence goes to the circumstances instead of being direct proof doesn’t necessarily make it “weak” evidence.
What Defenses Can You Use Without a Body?
If there is no body, you might be able to convince a jury that the victim is not actually dead. The prosecution needs to supply evidence that there was enough blood loss or other evidence of death, or else the jury may find reasonable doubt.
Call Our Pennsylvania Murder Defense Lawyers Today
For help with a case, call the West Chester, PA. criminal defense lawyers at Kenny, Burns & McGill at (215) 423-5500 today.
