murder self-defense rules-of-evidence law-in-fiction
What would you be charged with for covering up a rightful death?
<p>I'm referring to a specific situation that occurred in the TV show 24.</p>
<p>Due to previous complex circumstances, a man (call him &quot;Bob&quot;) destroys a van that is the scene of a murder and hides 2 bodies. Initially Bob had committed no crime; victim 1 was stabbed by victim 2, victim 2 was then shot by Bob in self-defense.</p>
<p>I'm wondering what, if anything, could Bob be guilty of for not reporting the deaths?</p>
<p>Edit: I'm just curious about the legality and consequences of covering up the deaths so just assume that there is evidence the shooting was in self defence.</p>

<p>Probably murder.</p>
<p>Because &quot;<em>victim 2 was then shot by this man in <strong>self defense</strong>&quot;</em> hasn't been determined by a neutral third party investigation or jury - it is just his own rationale for shooting.</p>
<p>He may not be charged, or he may be tried and acquitted on the basis of self defense, but he isn't in a position of authority to simply make a &quot;rightful death&quot; call on his own, (<em>is there such a thing?</em>) and dispose of all the evidence.</p>
<p>Obstruction of justice would probably be the minimum charge for covering up evidence of the murder of Victim #1.</p>
<p>There is really no valid reason for covering up a double homicide, and his actions could easily result in a double murder charge.</p>

<p><a href="/questions/tagged/england-and-wales" class="post-tag" title="show questions tagged &#39;england-and-wales&#39;" aria-label="show questions tagged &#39;england-and-wales&#39;" rel="tag" aria-labelledby="tag-england-and-wales-tooltip-container">england-and-wales</a></p>
<p>Depending on the circumstances, hiding the bodies would be either <a href="https://www.cps.gov.uk/legal-guidance/public-justice-offences-incorporating-charging-standard#_Toc536105693" rel="noreferrer"><em>Obstructing a Coroner</em> or <em>Preventing the Burial of a Body</em></a>:</p>
<blockquote>
<p>Any disposal of a corpse with intent to obstruct or prevent a coroner's inquest, when there is a duty to hold one, is an offence. The offence is a common law offence, triable only on indictment and carries a maximum penalty of life imprisonment and/or a fine.</p>
<p>The offence of preventing the burial of a body (indictable only, unlimited imprisonment) is an alternative charge. Proof of this offence does not require proof of the specific intent required for obstructing a coroner.</p>
</blockquote>
<p>Destroying the van could be either <a href="https://www.legislation.gov.uk/ukpga/1971/48/section/1?timeline=false" rel="noreferrer"><em>Criminal Damage</em></a> or <a href="https://www.cps.gov.uk/legal-guidance/public-justice-offences-incorporating-charging-standard#_Toc536105663" rel="noreferrer"><em>perverting the course of justice</em></a>, again depending on the circumstances.  The latter is committed when an accused:</p>
<blockquote>
<ul>
<li><p>does an act or series of acts;</p>
</li>
<li><p>which has or have a tendency to pervert; and</p>
</li>
<li><p>which is or are intended to pervert;</p>
</li>
<li><p>the course of public justice.</p>
</li>
</ul>
<p>The offence is contrary to common law and triable only on indictment. It carries a maximum penalty of life imprisonment and/or a fine. The course of justice must be in existence at the time of the act(s). The course of justice starts when:</p>
<ul>
<li><p>an event has occurred, from which it can reasonably be expected that an investigation will follow; or</p>
</li>
<li><p>investigations which could/might bring proceedings have actually started; or </p>
</li>
<li><p>proceedings have started or are about to start.</p>
</li>
</ul>
</blockquote>
<p><sub>Answer based on the assumption that as per hypothetical legal / law school questions in the UK: the facts are as stated i.e. there is no need for me to consider whether the killing of Victim 2 is self defence or not.</sub></p>

<h2><a href="/questions/tagged/sweden" class="post-tag" title="show questions tagged &#39;sweden&#39;" aria-label="show questions tagged &#39;sweden&#39;" rel="tag" aria-labelledby="tag-sweden-tooltip-container">sweden</a> An Offence against the peace of the grave</h2>
<p>Gravfridsbrott<br />
<em>Brottsbalken 16 kap. 10 §</em></p>
<blockquote>
<p>A person who, without authorisation, moves, damages or treats with disrespect the corpse or ashes of a deceased person is guilty of an offence against the peace of the grave and is sentenced to a fine or imprisonment for at most two
years.</p>
<p>If the offence is gross, the person is guilty of a gross offence
against the peace of the grave and is sentenced to imprisonment
for at least six months and at most four years.</p>
</blockquote>
<p>This law is used in Sweden for things like moving or trying to destroying the body of a murder victim.</p>

<h2>Charged?</h2>
<p><a href="/questions/tagged/new-south-wales" class="post-tag" title="show questions tagged &#39;new-south-wales&#39;" aria-label="show questions tagged &#39;new-south-wales&#39;" rel="tag" aria-labelledby="tag-new-south-wales-tooltip-container">new-south-wales</a></p>
<p><a href="http://www5.austlii.edu.au/au/legis/nsw/consol_act/ca190082/" rel="noreferrer">Crimes Act 1900</a></p>
<p><strong>Murder or manslaughter</strong> s18</p>
<p>An assertion of self-defence would not necessarily be agreed with by the prosecutor. Especially in circumstances where it seems the accused took steps to conceal or destroy evidence and the accused is the only witness.</p>
<p>There may be sufficient evidence to prove beyond reasonable doubt that the accused did <em>not</em> act in self-defence and that the killing was unlawful. If the Crown can also prove intent, then that’s murder, if they can’t it’s manslaughter.</p>
<p><strong>Destroying or damaging property</strong> s195</p>
<p><strong>Bushfires</strong> s203E I haven't seen it but its possible that the accused intentionally started a fire with reckless disregard if it might spread to vegetation.</p>
<p><strong>Hindering investigation etc</strong> s315</p>
<p><strong>Concealing a serious indictable offence</strong> s316</p>
<p><strong>Tampering etc with evidence</strong> s317</p>
<p><strong>General offence of perverting the course of justice</strong> s319</p>
<p><strong>Accessory after the fact to the first murder</strong> s349</p>
<p>Quite likely, setting fire to a van will also be an offence under environmental law.</p>

<p><a href="/questions/tagged/westvirginia" class="post-tag" title="show questions tagged &#39;westvirginia&#39;" aria-label="show questions tagged &#39;westvirginia&#39;" rel="tag" aria-labelledby="tag-westvirginia-tooltip-container">westvirginia</a></p>
<p>The person may face felony charges leading up to 1-5 years in jail and a fine for each count. Even if the self-defense argument prevails and no other charges are pressed against them, they are still guilty of concealing the stabbing victim's body. Also assuming the self-defense claim for the second death is valid, the second body would not fall under this statute as the death was not result of criminal activity.</p>
<blockquote>
<p>WV Code § 61-2-5a</p>
<p>(a) Any person who, by any means, knowingly and willfully conceals, attempts to conceal or who otherwise aids and abets any person to conceal a deceased human body where death occurred as a result of criminal activity is guilty of a felony</p>
</blockquote>

<p><a href="/questions/tagged/nebraska" class="post-tag" title="show questions tagged &#39;nebraska&#39;" aria-label="show questions tagged &#39;nebraska&#39;" rel="tag" aria-labelledby="tag-nebraska-tooltip-container">nebraska</a></p>
<p>While this isn't a great match for your case it does give some insight into what could happen.</p>
<p>In the case I am using most of the charges center around damaging the human remains as well as abandoning/concealing them. There are also issues around not reporting the death in the first place and actions taken to try and hide it.</p>
<p><a href="https://apnews.com/article/abortion-charges-nebraska-f330455d60aa3c01534bcb74216f8404" rel="nofollow noreferrer">18-year-old Nebraska woman sentenced to 90 days in jail for burning fetus after abortion</a></p>
<blockquote>
<p>An 18-year-old northeastern Nebraska woman was sentenced Thursday to 90 days in jail and two years of probation for burning and burying a fetus she aborted with her mother’s help in a case watched by advocates as a slew of states move to restrict abortion access.</p>
</blockquote>
<p>Here the charges include damage to the corpse from burying it as well as burying it.</p>
<blockquote>
<p>Celeste Burgess, of Norfolk, was sentenced in Madison County after pleading guilty earlier this year to concealing or abandoning a dead body. Two other misdemeanor charges of false reporting and concealing the death of another person were dropped, in an agreement with prosecutors.</p>
</blockquote>
<p>Here show that charges include abandoning/concealing the corpse as well as issues around reporting the death</p>
<blockquote>
<p>Jessica Burgess pleaded guilty earlier this month to providing an illegal abortion, false reporting and tampering with human skeletal remains. In exchange for her plea, charges of concealing the death of another person and abortion by someone other than a licensed physician were dismissed. She faces sentencing on Sept. 22.</p>
</blockquote>
<p>This shows charges around tampering with human remains.</p>
