# Authority over "long since" dead people and crimes

**URL:** <https://boards.straightdope.com/t/authority-over-long-since-dead-people-and-crimes/424734>\
**Category:** Factual Questions\
**Created:** [October 31, 2007, 4:48pm UTC](https://boards.straightdope.com/t/authority-over-long-since-dead-people-and-crimes/424734 "2007-10-31T16:48:31Z")\
**Posts on this page:** 6\
**Page:** 1

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**Author:** ![BobMmm](https://avatars.discourse-cdn.com/v4/letter/b/51bf81/32.png) [@BobMmm](https://boards.straightdope.com/u/BobMmm)\
**Post date:** [October 31, 2007, 4:48pm UTC](https://boards.straightdope.com/t/authority-over-long-since-dead-people-and-crimes/424734/1 "2007-10-31T16:48:31Z")

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I was reading the CrimeLibrary about the infamous serial murder Belle Gunness.

For those who don’t know she had a farm and used personal ads in the early 1900s to get men as suitors or laborers. Then she for various reasons killed, them. She also killed her daughter.

Anyway the last she was seen was a huge fire at the farm which burned down the house and the thing is the woman found in the house was said to be Belle, so the cops kind of let it drop. Remember this was the early 1900s so there was no modern forensics.

But the woman had no head, the woman found was not the same shape as Belle and many people think she found a lady, killed her cut off her head and then burned her own place down to make it look like a suicide and then left for California.

I read in another article years later a woman matching Belles description was seen in California. She died and was buried.

My question is would anyone have the authority to dig up the corpse of this supposed woman and try to use modern forensics to see if that really WAS Bell Gunness?

I mean try to match the DNA (if any) to any of her relatives still alive, to see if the woman in California was Belle?

I guess the real question is, even if they couldn’t do that with DNA who would have the authority to make such a request seeing as the crime is so old. I am not really asking if it’d work but who has the authority to open old cases like this, that don’t really matter except as a historical curiosity?

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**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\
**Post date:** [October 31, 2007, 6:00pm UTC](https://boards.straightdope.com/t/authority-over-long-since-dead-people-and-crimes/424734/2 "2007-10-31T18:00:32Z")

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It’s been done with the alleged body of [Jesse James](http://www.astm.org/cgi-bin/SoftCart.exe/DIGITAL_LIBRARY/JOURNALS/FORENSIC/PAGES/3586.htm?E+mystore) .

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**Author:** ![A.R.Cane](https://avatars.discourse-cdn.com/v4/letter/a/ee7513/32.png) [@A.R.Cane](https://boards.straightdope.com/u/A.R.Cane)\
**Post date:** [October 31, 2007, 6:10pm UTC](https://boards.straightdope.com/t/authority-over-long-since-dead-people-and-crimes/424734/3 "2007-10-31T18:10:09Z")

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I’d think that funding would be the big problem. It would be pretty expensive to exhumate the body, get DNA samples processed and find relatives for comparison and to what end. There’s no payoff and the local taxpayers would probably be a bit unhappy w/ having their money spent on something that acheived no end.

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**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\
**Post date:** [October 31, 2007, 7:22pm UTC](https://boards.straightdope.com/t/authority-over-long-since-dead-people-and-crimes/424734/4 "2007-10-31T19:22:47Z")

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> [@](#):
>
> Three general principles govern the law of disinterment in the United States. First, it is presumed that a “decently buried” body should remain undisturbed where it was placed unless good reason is given to do so. Second, disinterment is considered the private concern of the immediate family and the cemetery. Third, if there is disagreement among the close relatives regarding a proposal for exhumation the matter is adjudicated by a court of equity. The court considers (in order of importance) the wishes and religious beliefs of the deceased (if these can be determined), the wishes of the spouse of the deceased, the opinions of other close relatives, and the policies and regulations of the cemetery when determining if exhumation should be allowed.

[http://www.deathreference.com/En-Gh/Exhumation.html](http://www.deathreference.com/En-Gh/Exhumation.html)

A good article about recent exhumation projects and candidates: [http://www.spokesmanreview.com/breaking/story.asp?ID=4145](http://www.spokesmanreview.com/breaking/story.asp?ID=4145)

> [@](#):
>
> In Indiana:  
> IC 23-14-57-5  
> Removal for autopsy or reinterment  
> Sec. 5. (a) The remains of a deceased human interred, entombed, or inurned in a plot in a cemetery may be removed from the plot for the purpose of autopsy or reinterment, reentombment, or reinurnment in another cemetery with:  
> (1) the consent of the owner of the cemetery; and  
> (2) the written consent of an individual authorized to give consent under section 1(b)(3) of this chapter.  
> (b) If the consent of:  
> (1) the owner of the cemetery; or  
> (2) a person from whom consent is required under subsection (a)(2) cannot be obtained, the remains of a deceased human can be removed for the purpose of autopsy or reinterment, reentombment, or reinurnment in another cemetery only under a judgment of the circuit or superior court with jurisdiction in the county in which the cemetery is located.

> **[Indiana General Assembly](https://iga.in.gov/legislative/laws/current/ic/)**
>
> Website for Indiana's General Assembly

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**Author:** ![KGS](https://avatars.discourse-cdn.com/v4/letter/k/90ced4/32.png) [@KGS](https://boards.straightdope.com/u/KGS)\
**Post date:** [October 31, 2007, 7:37pm UTC](https://boards.straightdope.com/t/authority-over-long-since-dead-people-and-crimes/424734/5 "2007-10-31T19:37:00Z")

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[QUOTE=A.R. Cane]  
There’s no payoff and the local taxpayers would probably be a bit unhappy w/ having their money spent on something that acheived no end.  
[/QUOTE]  
I’m sure the families of her victims are glad to hear that. :rolleyes:

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**Author:** ![ChrisBooth12](https://avatars.discourse-cdn.com/v4/letter/c/e95f7d/32.png) [@ChrisBooth12](https://boards.straightdope.com/u/ChrisBooth12)\
**Post date:** [October 31, 2007, 7:52pm UTC](https://boards.straightdope.com/t/authority-over-long-since-dead-people-and-crimes/424734/6 "2007-10-31T19:52:10Z")

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I honestly doubt the families would even care/remember/know that one of their distant realitives was murdered. And either way the murderer is dead.
