Short Stuff: Killing a Dead Body

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• The legal concept of "legal impossibility" in murder cases, where an act cannot be completed because the victim is already dead, has been largely superseded by the principle of "intent," meaning the perpetrator's state of mind and what they intended to do is the primary factor in determining guilt for attempted murder.  Copied to clipboard!
• The story of Sidney Barringer's suicide attempt, which tragically resulted in his accidental death by his mother's shotgun, was a fabricated anecdote used to illustrate how new evidence can alter a coroner's ruling, not a true event.  Copied to clipboard!
• Even if a victim is already deceased, an individual can still be charged with attempted murder if they believed the victim was alive and intended to kill them, as demonstrated by several legal cases discussed.  Copied to clipboard!

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The Ronald Opus Story

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(00:00:36)

• Key Takeaway: The widely circulated story of Sidney Barringer’s bizarre suicide and accidental death was a fabricated anecdote created to illustrate how new evidence can alter a coroner’s ruling.
• Summary: The hosts discuss the story of Sidney Barringer, which is presented as a true event where a suicide attempt turned into an accidental death caused by his mother’s shotgun. They reveal that this story was actually made up by Don Harper Mills to demonstrate how evidence can change the outcome of a death investigation.

Can You Murder a Dead Body?

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(00:04:31)

• Key Takeaway: Legally, one cannot be charged with murder for an act committed on a deceased person, but they can be charged with attempted murder if they believed the person was alive and intended to kill them.
• Summary: The conversation shifts to the legal question of whether it’s possible to murder someone who is already dead. They explore the concept of legal impossibility and the importance of intent in criminal law, referencing cases from France and New York.

French and US Case Law

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(00:07:15)

• Key Takeaway: Both French and US courts have established that intent to kill is paramount in attempted murder charges, even if the victim was already dead.
• Summary: The hosts delve into specific legal cases, starting with the French case of Monsieur Wilkins and Monsieur Charot, and then discussing a New York case involving Michael Geller and Melvin Dlugash. They highlight how the legal system grappled with charging individuals for acts against deceased victims, ultimately focusing on the intent to commit murder.

Modern Case Examples

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(00:13:07)

• Key Takeaway: The principle of charging for attempted murder when acting on a deceased individual continues to be applied in contemporary legal cases, including those involving law enforcement and mercy killings.
• Summary: The discussion expands to more recent examples, including a case in Toronto where a police officer was charged with attempted murder for shooting a suspect multiple times after they had already fallen, and an Australian case involving a mercy killing where the perpetrator was convicted of attempted murder due to their belief the victim was still alive.