Murder conviction without a body
Encyclopedia
Conviction for murder in the absence of a body is possible; although historically, cases of this type have been hard to prove, the prosecution must rely on other evidence, usually circumstantial
. Recent developments in forensic science make it less likely that such a murder will go unpunished. There have been nearly 350 murder trials in the United States where the body has not been found.
that a body is necessary to prove murder is said to have arisen from the "Campden Wonder" case which occurred in the 1660s. A local official vanished and after interrogation, which possibly included torture
, three individuals were hanged
for his murder. Shortly afterwards, the supposed victim appeared alive and well, telling a story of having been abducted and enslaved in Turkey
. The rule "no body, no murder" persisted into the twentieth century.
In 1937, however, a young girl called Mona Tinsley disappeared and Frederick Nodder was suspected of having killed her; he claimed that she had been alive when he last saw her, and on the basis of the rule was prosecuted only for abduction
. Tinsley's body was found some time later and Nodder was then prosecuted for her murder; his defence was that he had already been acquitted of this charge, but this plea was rejected and he was hanged.
The idea that a body was required to prove murder was John George Haigh
's mistake. Already a convicted fraud
ster, he believed that dissolving a body in acid would make a conviction for murder impossible. In 1949, however, the remains of his last victim, a Mrs. Durand-Deacon, were found to contain part of her dentures
; from this, her dentist was able to identify the remains, and Haigh was hanged. Haigh had misinterpreted the Latin legal phrase corpus delicti
(referring to the body of evidence which establish a crime) to mean an actual human body; this was one of the first instances of forensic science being used in such cases.
, Stanislaw Sykut, had stayed in the United Kingdom after the Second World War and ran a farm together in Wales. Sykut disappeared and Onufrejczyk claimed that he had returned to Poland. Bone fragments and blood spatters were found in the farm kitchen, although forensic technology was then insufficiently advanced to identify them. Charged with Sykut's murder, Onufrejczyk claimed that the remains were those of rabbits he had killed, but the jury disbelieved him and he was sentenced to death, but reprieved. He appealed, but this was dismissed by the Lord Chief Justice, Lord Goddard
, saying that "things had moved on since the days of the Camden Wonder" and also
The United States case of People v. Scott 176 Cal. App. 2d 458
(1960) held that "circumstantial evidence, when sufficient to exclude every other reasonable hypothesis, may prove the death of a missing person, the existence of a homicide and the guilt of the accused".
was originally deemed sufficient in the Australian "Dingo baby case
", and in others such as Bradley John Murdoch
and the
murder of Thomas and Jackie Hawks. In the 2002 murder of Danielle Jones, the required circumstantial evidence was provided by forensic analysis
of text messages
sent by the accused.
In the Australian no-body murder of Keith William Allan evidence from forensic accountants established a motive for his murder. The chance police finding of one perpetrator driving Allan's car and the conduct of all perpetrators, in particular mobile telephone records, were also important factors in their conviction.
The murder of Arlene Fraser
is another such recent case, although the conviction of Nat Fraser was subsequently quashed in Fraser v HM Advocate
.
However, the possibility of the supposed victim turning up alive remains. In 2003, Leonard Fraser
, having allegedly confessed to the murder of teenager Natasha Ryan, was on trial for this, and other murders, when she reappeared after having been missing for four years.
Circumstantial evidence
Circumstantial evidence is evidence in which an inference is required to connect it to a conclusion of fact, like a fingerprint at the scene of a crime...
. Recent developments in forensic science make it less likely that such a murder will go unpunished. There have been nearly 350 murder trials in the United States where the body has not been found.
Historically
The rule in English common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
that a body is necessary to prove murder is said to have arisen from the "Campden Wonder" case which occurred in the 1660s. A local official vanished and after interrogation, which possibly included torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
, three individuals were hanged
Hanging
Hanging is the lethal suspension of a person by a ligature. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain...
for his murder. Shortly afterwards, the supposed victim appeared alive and well, telling a story of having been abducted and enslaved in Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
. The rule "no body, no murder" persisted into the twentieth century.
In 1937, however, a young girl called Mona Tinsley disappeared and Frederick Nodder was suspected of having killed her; he claimed that she had been alive when he last saw her, and on the basis of the rule was prosecuted only for abduction
Child abduction
Child abduction or Child theft is the unauthorized removal of a minor from the custody of the child's natural or legally appointed guardians....
. Tinsley's body was found some time later and Nodder was then prosecuted for her murder; his defence was that he had already been acquitted of this charge, but this plea was rejected and he was hanged.
The idea that a body was required to prove murder was John George Haigh
John George Haigh
John George Haigh , commonly known as the "Acid Bath Murderer" , was an English serial killer during the 1940s. He was convicted of the murders of six people, although he claimed to have killed nine...
's mistake. Already a convicted fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
ster, he believed that dissolving a body in acid would make a conviction for murder impossible. In 1949, however, the remains of his last victim, a Mrs. Durand-Deacon, were found to contain part of her dentures
Dentures
Dentures are prosthetic devices constructed to replace missing teeth, and which are supported by surrounding soft and hard tissues of the oral cavity. Conventional dentures are removable, however there are many different denture designs, some which rely on bonding or clasping onto teeth or dental...
; from this, her dentist was able to identify the remains, and Haigh was hanged. Haigh had misinterpreted the Latin legal phrase corpus delicti
Corpus delicti
Corpus delicti is a term from Western jurisprudence referring to the principle that a crime must have been proven to have occurred before a person can be convicted of committing that crime. For example, a person cannot be tried for larceny unless it can be proven that property has been stolen...
(referring to the body of evidence which establish a crime) to mean an actual human body; this was one of the first instances of forensic science being used in such cases.
Abolition of "no body, no murder"
The rule was finally abolished for practical purposes in the UK with the 1954 case of Michail Onufrejczyk. He and a fellow PolePoles
thumb|right|180px|The state flag of [[Poland]] as used by Polish government and diplomatic authoritiesThe Polish people, or Poles , are a nation indigenous to Poland. They are united by the Polish language, which belongs to the historical Lechitic subgroup of West Slavic languages of Central Europe...
, Stanislaw Sykut, had stayed in the United Kingdom after the Second World War and ran a farm together in Wales. Sykut disappeared and Onufrejczyk claimed that he had returned to Poland. Bone fragments and blood spatters were found in the farm kitchen, although forensic technology was then insufficiently advanced to identify them. Charged with Sykut's murder, Onufrejczyk claimed that the remains were those of rabbits he had killed, but the jury disbelieved him and he was sentenced to death, but reprieved. He appealed, but this was dismissed by the Lord Chief Justice, Lord Goddard
Rayner Goddard, Baron Goddard
Rayner Goddard, Baron Goddard was Lord Chief Justice of England from 1946 to 1958 and known for his strict sentencing and conservative views. He was nicknamed the 'Tiger' and "Justice-in-a-jiffy" for his no-nonsense manner...
, saying that "things had moved on since the days of the Camden Wonder" and also
The United States case of People v. Scott 176 Cal. App. 2d 458
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1960) held that "circumstantial evidence, when sufficient to exclude every other reasonable hypothesis, may prove the death of a missing person, the existence of a homicide and the guilt of the accused".
More recent cases
More recently, absence of a body has been less of an obstacle to conviction for murder. For example, circumstantial evidenceCircumstantial evidence
Circumstantial evidence is evidence in which an inference is required to connect it to a conclusion of fact, like a fingerprint at the scene of a crime...
was originally deemed sufficient in the Australian "Dingo baby case
Azaria Chamberlain disappearance
Azaria Chantel Loren Chamberlain was a nine-week-old Australian baby girl, who disappeared on the night of 17 August 1980 on a camping trip to Uluru with her family. Her body was never found. Her parents, Lindy and Michael Chamberlain, reported that she had been taken from their tent by a dingo...
", and in others such as Bradley John Murdoch
Bradley John Murdoch
Bradley John Murdoch is serving life imprisonment for the July 2001 murder of English backpacker Peter Falconio in Australia. He will be 74 when eligible for parole. Murdoch is being held in Alice Springs Correctional Centre in Alice Springs. He has lodged two appeals against his conviction; both...
and the
murder of Thomas and Jackie Hawks. In the 2002 murder of Danielle Jones, the required circumstantial evidence was provided by forensic analysis
Forensic linguistics
Forensic linguistics is the application of linguistic knowledge, methods and insights to the forensic context of law, language, crime investigation, trial, and judicial procedure. It is a branch of applied linguistics...
of text messages
Text messaging
Text messaging, or texting, refers to the exchange of brief written text messages between fixed-line phone or mobile phone and fixed or portable devices over a network...
sent by the accused.
In the Australian no-body murder of Keith William Allan evidence from forensic accountants established a motive for his murder. The chance police finding of one perpetrator driving Allan's car and the conduct of all perpetrators, in particular mobile telephone records, were also important factors in their conviction.
The murder of Arlene Fraser
Murder of Arlene Fraser
Arlene Fraser was a 33-year-old woman from Elgin in Moray, Scotland, who disappeared on 28 April 1998 after her two children went off to school. Although her body was never found, the case has been treated as a murder and is currently unsolved. Her husband Nat Fraser was suspected of killing her...
is another such recent case, although the conviction of Nat Fraser was subsequently quashed in Fraser v HM Advocate
Fraser v HM Advocate
Fraser v Her Majesty's Advocate [2011] UKSC 24 is a controversial decision of the Supreme Court of the United Kingdom relating to the effect of non-disclosure of evidence to the defence at trial and the role of the Supreme Court of the United Kingdom in Scots criminal law.-Background and trial:On...
.
However, the possibility of the supposed victim turning up alive remains. In 2003, Leonard Fraser
Leonard Fraser
Leonard John Fraser also known as "The Rockhampton Rapist" was an Australian convicted serial killer.- Crimes :...
, having allegedly confessed to the murder of teenager Natasha Ryan, was on trial for this, and other murders, when she reappeared after having been missing for four years.