Criminal Law Consulting
​For Writers & Filmmakers
  • Home
  • About
  • Services
  • Resources
  • Blog
  • Contact
  • Free eBook

Murder Case With No Dead Body?

10/24/2011

12 Comments

 
Can someone be tried and convicted of murder when there is no dead body?  The answer, as in much of the law, is "it depends."

To convict someone of murder, the prosecution must prove the defendant killed the victim.  This means there must be proof that the victim is in fact dead.  This is usually proven with the discovery and examination of the dead body. 

However, it may be possible to prove the victim's death in other ways.  For example, let's say the victim was last seen alone in her apartment on a Friday night, and the next morning, her apartment was found with a large pool of blood that matched the victim's  DNA, and she was never seen or heard from again.  That would be strong proof that she had died, even if the authorities never found her body.  It would be even stronger if an expert testified that the victim could not have survived after losing the amount of blood found.

Of course, there would still need to be evidence tying the defendant to the killing, but as far as the death is concerned, that could be proven even without a dead body. 

Without such strong evidence of death, the defense would likely argue that the victim simply ran away.  If there was no pool of blood in the example of above, but the victim was merely never seen or heard from again, the defense would have a good argument that no murder in fact occurred. 

I short, it is difficult to prove a murder case without a dead body, but not impossible.
12 Comments
ottawa personals link
8/15/2012 07:34:41 am

Loved your blog layout that I created a weebly account too.

Reply
Blythe
8/27/2012 03:34:07 am

Great, thanks for the feedback! Good luck with your site!

Reply
case management software link
12/1/2014 01:28:26 pm

That would be strong proof that she had died, even if the authorities never found her body. It would be even stronger if an expert testified that the victim could not have survived after losing the amount of blood found.

Reply
case management software for public defenders link
12/9/2014 08:56:36 pm

The exam questions are direct, there are no “all of the above”, “ none of the above”, “a, b and c” type questions.

Reply
case management software link
12/19/2014 09:15:38 pm

That would be strong proof that she had died, even if the authorities never found her body.

Reply
Clarke Personal Injury Lawyers link
3/27/2017 06:17:48 am

There are many law firms, companies and lawyers who have set up an online existence and they can be contacted via this medium. Both theses mediums are relatively convenient as you will be able to contact the specialist lawyers in Toronto while sitting in your home.

Reply
trademark registration attorney link
7/14/2017 09:49:30 pm

Trademark attorneys are used by all kinds of businesses all around the globe every single day. This is because there are many companies who decide that they want to legally protect their company name or a product name or slogan. A trademark lawyer is a legal professional who is responsible for helping individuals make sure that they correctly go through the legal trademark process and make sure that they get the protection that they need to keep their name and slogan protected from other people who may want to use it.

Reply
los angeles lemon law attorney link
3/4/2018 10:08:40 pm

Having issues with your immigration status? Dealing with immigration law can be highly complex, often requiring a specialized immigration law attorney to handle your case. If you are hiring an attorney to handle immigration proceedings of any type, it is a good idea to work with an attorney that specializes in this field.

Reply
abogados divorcio Sevilla link
3/31/2018 11:51:15 am

If your marriage has ended, and both parties feel that it's time to get a divorce, you do not necessarily need a divorce lawyer to handle your case. You can file for a divorce yourself using many of the do-it-yourself divorce kits if there are no children involved, and if the marital property can be divided as both parties would like. If you have children, if one or the other protests the divorce, or if you have a lot of property to divide, you should hire a divorce lawyer.

Reply
lemon law california attorney link
11/21/2018 11:36:43 pm

I am definitely enjoying your website. You definitely have some great insight and great stories.

Reply
Orange County Divorce Lawyer link
7/20/2022 05:52:22 am

It would be even stronger if an expert testified that the victim could not have survived after losing the amount of blood found. Thank you for taking the time to write a great post!

Reply
Orange County Family Law Lawyer link
7/20/2022 06:26:21 am

Heard from again, the defense would have a good argument that no murder in fact occurred. I truly appreciate your great post!

Reply



Leave a Reply.

    Get your FREE E-Book revealing The Top 7 Mistakes Made by Writers of Crime, Mystery and Legal Drama:
    Send My Free E-Book!

    Author

    Blythe Leszkay is a successful and experienced criminal attorney, criminal law professor, and consultant to writers and filmmakers.  See About Me.  This blog is intended to answer common criminal law questions, dispel misconceptions, and explain misunderstood criminal law concepts.  It is also a place to discuss any crime or law related topics of interest.  Contact me for a free initial consultation on your film or writing project.

    Categories

    All
    Appeals
    Burden Of Proof
    Celebrity Crime
    Common Questions
    Constitution
    Consulting Services
    Courtroom
    Crime In The News
    Crime Novels
    Crime Tv
    Death Penalty
    Defenses
    Evidence
    Extortion
    Hate Crimes
    International Crime
    Juvenile Crime
    Legal Comedy
    Legal Definitions
    Legal Drama
    Manslaughter
    Movies
    Murder
    Search And Seizure
    Serial Killers
    Sex Crimes
    Supreme Court
    Trial
    True Crime
    Writing Tips

    RSS Feed

      Get Email Updates

    Join!
    Loading
Powered by Create your own unique website with customizable templates.