Legal Question in Traffic Law in California

For a speeding ticket or other criminal infraction, the necessary corpus delecti consisting of the two elements: the fact of injury or loss or harm and the existence of criminal agency as its cause, don't exist. So does that mean that all victimless crimes cannot be admissible into court?


Asked on 12/10/15, 3:38 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

Your analysis is flawed. The corpus rule is when the prosecution must establish the corpus (body of the crime or the elements) by a very small burden of proof before they can introduce a defendant's statement.

Speeding ticket scenario: Officer, fully certified in use and operation of the radar device visually estimates a car on the freeway going 85 mph. He brings up the radar, gets a lock and gets a reading of 86 mph. He pulls the car over and issues a citation. The defendant pleads not guilty and sets it for trial. At trial, the officer comes in and testifies about their observations and the radar speed. Corpus satisfied, elements met, defendant guilty.

Read further on what the corpus rule is. Do a Google search for "corpus cop out"

Read more
Answered on 12/10/15, 3:53 pm


Related Questions & Answers

More Traffic Law questions and answers in California