Corpus Delicti - Specific Offenses

Specific Offenses

General - All corpus delicti requires at a minimum: 1) The occurrence of the specific injury; and 2) some criminal act as the source of the injury. For example:

• Homicide - 1.) An individual has died; and 2.) As a result of action (or inaction) by another person.

• Larceny - 1.) Property missing; and 2.) Because it was stolen

In essence Corpus delecti of crimes refers to a palpable harm. Where there is no violation of an established right there can be no wrong.

Rights are of two kinds and they are of the person jura personarum and to control external objects, jura rerum.

Wrongs are also of two kinds and they are either public or private. Public wrongs are called crimes or public offenses whereas private wrongs are called torts and either involve the breach of a duty of care, a wrongful trespass against the person or property of another and breaches of agreement or contract.

In every instance there must be a palpable harm or injury to the rights of another coupled with mens rea or guilty mind or in the alternative an element of negligence so severe as to be called criminal.

See Blackstone's commentaries book 1 beginning about pg 52.