Corpus Delecti

CORPUS DELICTI
"For a crime to exist, there must be an injured party (Corpus Delicti) There can be no sanction or
penalty imposed on one because of this Constitutional”
. Sherer v. Cullen 481 F. 945:
Supreme courts ruled "Without Corpus delicti there can be no crime" 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.
"In every criminal trial, the prosecution must prove the corpus delecti, or the body of the crime
itself-i.e., the fact of injury, loss or harm, and the existence of a criminal agency as its cause. "
People v. Sapp, 73 P.3d 433, 467 (Cal. 2003) quoting People v. Alvarez, (2002) 27 Cal.4th 1161,
1168-1169, 119 Cal.Rptr.2d 903, 46 P.3d 372.).
"As a general principal, standing to invoke the judicial process requires an actual justiciable
controversy as to which the complainant has a real interest in the ultimate adjudication because
he or she has either suffered or is about to suffer an injury. " People v. Superior Court, 126
Cal.Rptr.2d 793.
.
R
“Without standing, there is no actual or justiciable controversy, and courts will not entertain such
cases. (3 Witlen, Cal. Procedure (3rd ed. 1985) Actions $ 44, pp 70-72.) “Typically, ... the
standing inquiry requires careful judicial examination of a complaint's allegations to ascertain
whether the particular plaintiff is entitled to an adjudication of the particular claims asserted.”
(Allen v. Wright, (1 984) 468 U.S. 737, 752... Whether one has standing in a particular case
generally revolved around the question whether that person has rights that may suffer some
injury, actual or threatened." Clifford S. v. Superior Court, 45 Cal.Rptr.2d 333, 335.
SEVEN ELEMENTS OF JURISDICTION:
S
1. The accused must be properly identified, identified in such a fashion there is no room for
mistaken identity. The individual must be singled out from all others; otherwise, anyone could be
subject to arrest and trial without benefit of "wrong party" defense. Almost always, the means of
identification is a person's proper name, BUT ANY MEANS OF IDENTIFICATION IS
EQU ALLY VALID IF SAID MEA NS DIFFERENTIATE S THE ACCUSE D WITHOUT
DOUBT. (There is no constitutionally valid requirement you must identify yourself, see 4th
Amendment; also see, Brown vs. Texas, 443 US 47 and Kolender v. Lawson 461 US 352.)
i
1
PARE
2. The statute of offense must be identified by its proper or common name. A number is
insufficient. Today, a citizen may stand in jeopardy of criminal sanctions for alleged violation of
statutes, regulations, or even low-level bureaucratic orders (example: colorado National
Monument Superintendent's Orders regarding an unleashed dog or a dog defecating on a trail). If
a number were to be deemed sufficient, government could bring new and different charges at any
time by alle ging clerical error. For any act to b e triable as an offense, it must be declared t o be a
crime. Charges must negate any exception forming part of the statutory definition of an offense,
by affirmative non-applicability. In other words, any charge must affirmatively negate any
exception found in the law.
f
ww
$
A
V
3. The acts of alleged offense must be described in non-prejudicial language and detail so as to
enable a person of average intelligence to understand nature of charge (to enable preparation of
defense); the actual act or acts constituting the offense complained of. The charge must not be
described by parroting the statute; not by the language of same. The naming of the acts of the
offense describes a specific offense whereas the verbiage o f a statute describes only a genera l
class of offense. Facts must be stated. Conclusions cannot be considered in the determination of
probable cause.
4. The accuser must be named. He/she may be an officer or a third party, but some positively
identifiable person (human being) must accuse; some certain person must take responsibility for
the making of the accusation, not an agency or an institution. This is the only valid means by
which a citizen may begin to face his accuser. Also, the injured party (corpus delicti) must make
the accusation. Hearsay evidence may not be provided. Anyone else testifying that they heard
that another party was injured does n ot qualif y a s direct evidence.
5. The accusation must be made under penalty of perjury. If perjury cannot reach the accuser,
there is no accusation. Otherwise, anyone may accuse another falsely without risk.
6. To comply with the five elements above, that is for the accusation to be valid, the accused
must be accorded due process. Accuser must have complied with law, procedure and form in
bringing the charge. This includes court-determined probable cause, summons and notice
procedure. If lawful process may be abrogated in placing a citizen in jeopardy, then any means
may be utilized to d e prive a m
an of his freedom, a nd a l l dissent may b e s tifle d by utilization of
defective process.
I
CAN
"The essential elements of due process are notice and an opportunity to defend. “Simon v. Craft,
182 US 427.
i
"one is not entitled to protection unless he has reasonable cause to apprehend danger from a
direct answer. The mere assertion of a privilege does not immunize him; the court must
determine whether his refusal is justified, and may require that he is mistaken in his refusal.
“Hoffman v. United States, 341 U.S. 479 (1951)
1
7. The court must be one of competent jurisdiction. To have valid process, the tribunal must be a
creature of its constitution, in accord with the law of its creation, i.e., Article III judge. Lacking
any of the seven elements or portions thereof, (unless waived, intentionally or unintentionally)
all designed to ensure against further prosecution (double jeopardy); it is the defendant's duty to
inform the court of facts alleged for determination of sufficiency to support conviction, should
one be obtained. Otherwise, there is no lawful notice, and charge must be dismissed for failure to
state an offense. Without lawful notice, there is no personal jurisdiction and all proceedings prior
to filing of a proper trial document in compliance with the seven elements is void. A lawful act is
always legal but many legal acts by government are often unlawful. Most bureaucrats lack
elementary knowledge and incentive to comply with the mandates of constitutional due process.
They will make mistakes. Numbers beyond count have been convicted without benefit of
governmental adherence to these seven elements. Today,
informations are being filed and prosecuted by "accepted practice" rather than due process of
law.
Jurisdiction, once challenged, is to be proven, not by the court, but by the party attempting to
assert jurisdic tion. T
he b urden of p roof of jurisdiction l ies with the asserter. The court is only to
rule on the sufficiency of the proof tendered. See, "McNutt v. General Motors Acceptance Corp,
298 U.S. 178 (1936). The origins of this doctrine of law may be found in "MAXFIELD v.
LEVY, 4 U.S. 330 (1797), 4 U.S. 330 (Dall.) 2 Dall. 381 2 U.S. 381 1 L.Ed. 424
NO VICTIM.. NO CRIME!!!!

I
!

Corpus Delecti

Uploaded by

Copyright:

Available Formats

Corpus Delecti

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Corpus Delecti

Uploaded by

Copyright:

Available Formats

CORPUS DELICTI

. Sherer v. Cullen 481 F. 945:

People v. Lopez, 62 Ca.Rptr. 47, 254 C.A.2d 185.

SEVEN ELEMENTS OF JURISDICTION:

NO VICTIM.. NO CRIME!!!!

You might also like

Corpus Delecti

Uploaded by

Copyright:

Available Formats

Corpus Delecti

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Corpus Delecti

Uploaded by

Copyright:

Available Formats

CORPUS ​DELICTI

.​ ​Sherer ​v​. ​Cullen ​481 ​F​. ​945​:

People ​v​. ​Lopez​, ​62 ​Ca​.​Rptr​. ​47​, ​254 ​C​.​A​.​2d ​185​.

SEVEN ​ELEMENTS ​OF ​JURISDICTION​:

NO ​VICTIM​.. ​NO ​CRIME​!​!!!

You might also like

CORPUS DELICTI

. Sherer v. Cullen 481 F. 945:

People v. Lopez, 62 Ca.Rptr. 47, 254 C.A.2d 185.

SEVEN ELEMENTS OF JURISDICTION:

NO VICTIM.. NO CRIME!!!!