Sunday, March 10, 2013

Corpus Delecti

All behavior is Lawful regardless of whatever Statute would claim the contrary as long as the behavior does not cause actual damage or injury, or violation of a legal right. Corpus Delecti must exist for any case to have standing in an American court. the 3 elements necessary to be proven to establish corpus delecti are;1. alleged damage or injury, 3. alleged violation of a legal right, and 3. redress ability of the court. Corpus Delecti must be proven not merely asserted, any case in which corpus delecti cannot be proven there is no standing, and without standing the court does not have jurisdiction to hear any case. CLIFFORD v. SUPERIOR COURT 45 Cal rptr 2nd 333,335, Without standing there is no actual or justifiable controversy and courts will not entertain cases. thx! R.D.Johnson

“In every prosecution for crime it is necessary to establish the “corpus delecti”, i.e., the body or elements of the crime.” People v. Lopez, 62 Ca.Rptr. 47, 254 C.A.2d 185.
“Elements of “corpus delecti,” injury or loss or harm and
a criminal agency which causes such injury, loss or harm, need only be proven by a “reasonable probability,” i.e., by slight or prima facie proof…” People v. Ramirez, 153 Cal.Rptr. 789, 791, 91 C.A. 132.

"Causation consists of two distinct subelements. As legal scholars have recognized, before a defendant can be convicted of a crime that includes an element of causation, the State must prove beyond a reasonable doubt that the defendant's conduct was (1) the "cause in fact" and (2) the "legal cause" (often called "proximate cause") of the relevant harm...In order to establish that a defendant's conduct was the "cause in fact" of a particular harm, the State usually must demonstrate that "but for" the defendant's conduct, the harm would not have occurred." Eversly v. State, 748 So.2d 963, 966-967 (Fla. 1999).

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