Need help on a legal twist

wheelerclown
Need help on a legal twist
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Posted on:
Nov 27, 2007 - 05 36

In my story, a girl is killed outside of a local spook alley (haunted house if you prefer). The director is afraid of being closed down because of it, and pays a lowlife security guard to get it as far away as possible. The guard decides to dump the body next to a rival haunted house. The body is found the next morning and that haunted house is closed down pending an investigation.

My question is this. Neither the director nor the security guard had anything to do with the murder. But is there a law about cover them moving the body and what would the penalty be?

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Loxodontamagica
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Posted on:
Nov 27, 2007 - 06 27

I am no legal expert, but it seems that tampering with evidence at the scene of a crime, interfering with an investigation, failing to report a crime, wrongful death ( I think that is the term when the person didn't actually commit murder but allowed it by some means, neglect, carelessness, etc. Seems like you might google it...I had a website that I have been using for my own story that was rec'd on one of the forums, but I have lost it when my hubby replaced the guts of my laptop...I think it was crimelab.com but I am not certain. If I can find it in my notes I will re- reply.
@nnie

cavscoutgh75

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Posted on:
Nov 27, 2007 - 07 21

You are correct, even though the Director and the Security Guard had no part in the murder itself, they still assisted with the clean up for the person(s) that did commit the murder. They also made it very hard for the police to actually investigate since some, if not all, of the evidence have been tampered with in the process of moving the body from one location to another. The penalty could range from 2nd Degree Murder (which is given to those that may not have performed the act but helped in one way or another or to those that it could not be proven that they actually had the intent to kill), to the misdemeanor of Contempt of Court and they could get off with a fine. Most of the time, the court will determine whether or not there is enough evidence to actually put them at the scene of the crime when the murder took place, then once they are taken out of the scope of the investigation they would undoubtedly get a reduced sentence. That way the investigators can spend more time on the real criminals rather then the petty criminals.

Hope this helps,

IM if not and I can reiterate.

zoe.robinsonGlowing Halo
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Posted on:
Nov 28, 2007 - 08 59

It all depends on where the murder, etc. took place. From a British perspective they have committed several acts:

1. Tampering with a crime scene;
2. Removal of evidence from a crime scene;
3. (potentially) aiding and abetting a criminal and assisting him/her evade justice;

If the girl was not quite dead at the time she was found and removed from the scene, they are also technically guilty of kidnapping and a truly anal person could probably get them for littering and/or fly tipping, too.

VictoriaAnnGlowing Halo
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Posted on:
Nov 29, 2007 - 15 52

They could also be in trouble for abusing a corpse, depending on what they did with it. I think that would be an especially difficult charge to explain to your family, don't you?

MartianMenaceGlowing Halo
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Posted on:
Nov 29, 2007 - 16 15

Not to mention, depending on how carefully (or carelessly) they did it, they could potentially leave new forensic traces - body hairs of their own, etc. - that would implicate them directly as the murderers even if they were innocent.

If CSI examiners found traces of genetic material from the SGM (Security Guard Moron), he would have a VERY hard time convincing the police that he had only moved the body and wasn't the killer himself! Depending on how desperate legal authorities were to pin this crime on someone, he's just made himself suspect #1 and a good candidate for death row!

dreammagic_ofRuzh

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Posted on:
Apr 17, 2008 - 16 10

There's something like this in a Phoenix Wright game. Yes, a video game, but a video game where you play as a DEFENS ATTORNEY. Awesome. SPOILERS FOR ANYONE NOT DONE WITH CASE 1-5.

OK, this lady is accused of murder. Then everything ends up connected to a case that happened three (two? haven't played it in a while) years beforehand. The lady is accused of tampering with evidence in that case, by moving a body to the other side of the room to make it look like one person had killed the other, instead of vice versa.

So, basically, they could very well be accused of tamperingwith evidence, at the very least.

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