The No-Body Murder Case

     Many missing persons cases involving young woman turn into homicide investigations when the victims are found dead. However, there are thousands of cases in which the missing women are not found but presumed dead. Many women who dis…

     Many missing persons cases involving young woman turn into homicide investigations when the victims are found dead. However, there are thousands of cases in which the missing women are not found but presumed dead. Many women who disappear without a trace were murdered by killers who did a good job of disposing of the their bodies. It's no secret that if the police don't have a corpse they probably won't be able to arrest anyone for murder. Notwithstanding disappearances that are highly suspicious, it generally comes down to this unpleasant reality: if there's no body, there's no homicide case.

     There are, however, exceptions to this rule. Prosecutors have pressed charges in homicide cases that do not feature a body. In these so-called no-body cases, prosecutors work without an autopsy report, have no time of death based upon postmortem biological changes, or physical evidence establishing the victims' exact causes of death. Moreover, there are no death scene photographs in no-body cases.

     Based on his research of no-body cases, Thomas A. Di Biase believes that in the United States, from 1843 to 2013, 380 homicide cases have gone to trial without the victims' remains. According to Di Biase, a former federal prosecutor, the conviction rate pertaining to these prosecutions is 89 percent.

     In a homicide case, the corpus delecti of the crime--the body or main element of the offense-- consists of proof that an unlawful death has occurred. The best evidence of an unlawful death is the corpse itself.

     So, without a body, can a prosecutor, by law, acquire a homicide conviction? That legal question was settled in a 1960 California appellate case titled, U.S. v. Scott. The state appeals court justices decided that a homicide defendant in a case without a body can lawfully be found guilty if the prosecution presents circumstantial evidence of an unlawful death that excludes other reasonable hypotheses regarding the missing person's fate. The prosecutor must also present sufficient evidence that the defendant was the person who unlawfully killed the missing person.

     Because juries understandably are uncomfortable with no-body homicide cases, prosecutors need strong circumstantial evidence that the missing person is dead, and that the defendant is responsible for that death. In establishing the necessary proof, it helps if detectives have located a probable killing site. Such a place might be a bed soaked in a large quantity of blood. The crime scene might also feature other types of physical evidence that suggests the occurrence of lethal violence. This evidence of course must be linked to the missing person, ideally through DNA analysis.

     It's also better if the prosecutor can place the defendant at the scene of the violence through fingerprints, hair follicles, semen, blood, shoe impressions, handwriting, or fiber evidence.

     The no-body case prosecutor will be helped if the defendant possessed a strong motive to kill the victim such as jealousy, lust, money, or revenge. If the defendant offers an alibi, the prosecution must be able to break that alibi. The presence of physical evidence linking the defendant to the crime scene will sometimes have that effect.

     Other circumstantial evidence against a homicide defendant in a no-body case might include conflicting statements by the defendant to the police, or a history of violence between the defendant and the missing person. Secretly recorded death threats by the defendant against the victim would also be relevant.

     If the no-body prosecutor doesn't have physical evidence from a probable crime scene to work with, a conviction won't be possible unless the defendant confesses to the police, a friend, or to a jailhouse snitch. The confession of an accomplice that implicates the defendant is good.

     Attorneys representing defendants in no-body cases usually portray the murder evidence as circumstantial, and therefore weak. Defense lawyers often remind jurors that they cannot convict the defendant if they have any reasonable doubt regarding his or her guilt.

     While the conviction rate of no-body cases brought to trial is high, only a small percentage of no-body suspects are charged with criminal homicide. Without a body, there is simply too much reasonable doubt to overcome.
     

from http://jimfishertruecrime.blogspot.com/