Prosecutor cannot prove the crime of murder without proof of the victim’s death
Latin for the fact that a crime has been committed but cannot be proved. Specifically, without producing evidence of the decedent’s body, how can the prosecutor prove the defendant was responsible for the killing if there is no proof of a killing? The death of the victim is an essential element of proving a homicide.
Even if the prosecutor could prove its case with circumstantial evidence the prosecutor would at least need some part of the bodily remains to establish that an actual homicide occurred.
