Powder Springs, GA asked in Contracts, Criminal Law, Personal Injury and Admiralty / Maritime for Georgia

Q: How does a state have standing to bring a bill of indictment, without corpus delecti evidence?

The state prosecutor is not constitutionally permitted to bring charges of an invasion of rights allegedly suffered by a third party not before the court. He must claim an actual injury of harm directed at himself. This requires proof of an intentional invasion of a protected legal right caused by the defendant, yet, the prosecutor makes no such claim.

It is argued that the prosecutor merely represents the state, who is alleged as the actual plaintiff in court documents. However, the artificial person cannot claim an actual injury in fact either. Under prudential considerations, as well, the irreducible constitutional minimum of standing cannot be met by either entities. Thus, these facts beg the question posed.

Someone might argue that I am confusing civil and criminal law, but there, again, are no facts to support such a suggestion. There is no crime without corpus delecti. To say otherwise is to perpetrate and perpetuate a fraud on the American People and their courts.

1 Lawyer Answer
William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sandy Springs, GA
  • Licensed in Georgia

A: Since 1972 in Georgia, corpus delicti has been allowed to be proven by circumstantial evidence. Go to trial, and see how the case comes out.

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