# You get caught with a dead body, are you going to prison? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [March 18, 2025, 11:10pm UTC](https://boards.straightdope.com/t/you-get-caught-with-a-dead-body-are-you-going-to-prison/1015796 "2025-03-18T23:10:31Z")\ **Posts on this page:** 20\ **Page:** 3
**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\ **Post date:** [March 23, 2025, 12:27pm UTC](https://boards.straightdope.com/t/you-get-caught-with-a-dead-body-are-you-going-to-prison/1015796/41 "2025-03-23T12:27:54Z")
> [@md-2000](#): > > Even that would be a stretch if there’s no indication you knew the corpse was there Is that the case? I thought there was a degree to which you are responsible for the state, and contents, of a car you drive in the public roads. So saying "I had no idea it was there’ basically becomes an affirmative defense (it is, in practice, for drug offenses, you aren’t getting off by saying that when the cops find a bunch of drugs in your trunk without pretty compelling evidence you didn’t put them there) ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [March 23, 2025, 2:44pm UTC](https://boards.straightdope.com/t/you-get-caught-with-a-dead-body-are-you-going-to-prison/1015796/42 "2025-03-23T14:44:40Z")
There is always tension between the ideal of “Guilty until proven innocent” and the practicalities of “Found in circumstances very damningly unlikely to be innocent.” More than that cannot possibly be answered within FQ boundaries. My late wife was a lawyer, albeit not one who practiced criminal law. In her words: > The answer to _every_ legal question is “It depends.” In fact I’m now wondering how this thread survived 41 posts and 5 days without being shifted to IMHO. ---
**Author:** ![md-2000](https://avatars.discourse-cdn.com/v4/letter/m/9d8465/32.png) [@md-2000](https://boards.straightdope.com/u/md-2000)\ **Post date:** [March 23, 2025, 3:12pm UTC](https://boards.straightdope.com/t/you-get-caught-with-a-dead-body-are-you-going-to-prison/1015796/43 "2025-03-23T15:12:08Z")
> [@griffin1977](#): > > Is that the case? I thought there was a degree to which you are responsible for the state, and contents, of a car you drive in the public roads It’s always the case that if you are in circumstances indicating possession of… then you would have to explain why you should not be expected to be liable. > [@LSLGuy](#): > > The answer to _every_ legal question is “It depends.” This sums up everything legal very succinctly. ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [March 23, 2025, 3:26pm UTC](https://boards.straightdope.com/t/you-get-caught-with-a-dead-body-are-you-going-to-prison/1015796/44 "2025-03-23T15:26:11Z")
[Moderating] Moving to IMHO. ---
**Author:** ![Moriarty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/moriarty/32/49_2.png) [@Moriarty](https://boards.straightdope.com/u/Moriarty)\ **Post date:** [March 23, 2025, 3:33pm UTC](https://boards.straightdope.com/t/you-get-caught-with-a-dead-body-are-you-going-to-prison/1015796/45 "2025-03-23T15:33:39Z")
> [@LSLGuy](#): > > The answer to _every_ legal question is “It depends.” I’ve said the exact same thing many times! The OP’s question, “You get caught with a dead body, are you going to prison?” is _really_ jumping the gun here. You go to prison if you are convicted of a felony, and the judge sentences you to incarceration. Before that happens, though, you need to be charged with a felony. And then found (or plead) guilty. That’s not yet established. As others have said, _of course_ you have a lot of explaining to do. If you can’t explain how you ended up with the dead body, or if you weren’t treating it right, you _might_ be arrested and charged with a crime. (In Florida, crimes regarding the misuse of a corpse range from a misdemeanor to a 3rd degree felony (unless you are getting freaky with it - that’s a 2nd degree felony). Although a 3rd degree felony is punishable by up to 5 years in prison, a person with an otherwise clean record is likely to get probation) But, ultimately, evidence of that crime will have to be gathered by law enforcement investigators, who will have to present a case to prosecutors, who may then present the evidence to a grand jury. So if your answer to “how did you end up with a dead body” is “I don’t know”, and there’s _no other evidence_ connecting you to the death or the storage of that body, then, no, I don’t think you are going to prison. But it really depends on all of the other potential facts that might connect you to this corpse. ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [March 23, 2025, 4:22pm UTC](https://boards.straightdope.com/t/you-get-caught-with-a-dead-body-are-you-going-to-prison/1015796/46 "2025-03-23T16:22:32Z")
> [@Moriarty](#): > > > [@LSLGuy](#): > > > > The answer to _every_ legal question is “It depends.” > > I’ve said the exact same thing many times! I sure didn’t think the saying originated with her. It’s probably carved into the stone lintel over the entrance to the law school at many universities. ---
**Author:** ![FairyChatMom](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fairychatmom/32/21906_2.png) [@FairyChatMom](https://boards.straightdope.com/u/FairyChatMom)\ **Post date:** [March 23, 2025, 4:28pm UTC](https://boards.straightdope.com/t/you-get-caught-with-a-dead-body-are-you-going-to-prison/1015796/47 "2025-03-23T16:28:39Z")
Slight tangent, but I’m surprised how many times the plot in a police procedural involves someone who comes across a body and doesn’t report it. I should think in the real world, that’s the first thing someone would do. So is that just a plot device, or are some people really like that? ---
**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\ **Post date:** [March 23, 2025, 4:44pm UTC](https://boards.straightdope.com/t/you-get-caught-with-a-dead-body-are-you-going-to-prison/1015796/48 "2025-03-23T16:44:27Z")
> [@Moriarty](#): > > You go to prison if you are convicted of a felony, and the judge sentences you to incarceration. Yeah and I was asking: is a body in your possession alone considered enough evidence to be guilty of a serious felony? It’s not a particularly open ended question in any given jurisdiction IMO (“are going to prison” is, that wasn’t probably the best title) I mean if I’d said “You get caught with a a bunch of drugs, are you going to prison”? The answer is unambiguously yes. In that just the drugs in your possession is enough to be convicted of a felony like possession with intent to supply, a felony punishable by many years in prison. Yeah there are some ways you can stay out of jail (good lawyers, plea deal, extenuating circumstances, being president) but “yes” is still the correct answer. ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [March 23, 2025, 4:57pm UTC](https://boards.straightdope.com/t/you-get-caught-with-a-dead-body-are-you-going-to-prison/1015796/49 "2025-03-23T16:57:50Z")
> [@FairyChatMom](#): > > I should think in the real world, that’s the first thing someone would do. So is that just a plot device, or are some people really like that? I’m traipsing through the woods or a national park or even a city park. Being as unusually observant as I am, I notice a body mostly hidden in the bushes. I now have a decision to make. Call the cops and have my name associated to that body? Or keep walking and they will never have any reason to connect me to the body? Which is better for me, and only me? The body is dead; neither decision affects whoever that body used to be in the slightest. If I’m the sort who dislikes controversy and brushes with the police that just might result in me being scapegoated, well, why would I sign up to be a murder suspect? ---
**Author:** ![FairyChatMom](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fairychatmom/32/21906_2.png) [@FairyChatMom](https://boards.straightdope.com/u/FairyChatMom)\ **Post date:** [March 23, 2025, 5:28pm UTC](https://boards.straightdope.com/t/you-get-caught-with-a-dead-body-are-you-going-to-prison/1015796/50 "2025-03-23T17:28:24Z")
> [@LSLGuy](#): > > The body is dead; neither decision affects whoever that body used to be in the slightest. But that body may have family… ---
**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\ **Post date:** [March 23, 2025, 5:32pm UTC](https://boards.straightdope.com/t/you-get-caught-with-a-dead-body-are-you-going-to-prison/1015796/51 "2025-03-23T17:32:01Z")
But it’s against the law to possess certain drugs. I don’t think it’s against the law to possess a dead body. It happens to people when their relatives die is natural causes all the time. Also, this is kind of like the difference between how rape victims and robbery victims are treated. To an outside observer who doesn’t know the victims, it’s at least slightly possible the rape victim wanted sex and then changed their mind. It’s not very plausible that the robbery victim wanted to give away that money and then changed their mind. Similarly, if there are drugs in the trunk, it seems somewhat likely the owner of the car wanted them there. But who wants a dead body in their trunk? ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [March 23, 2025, 5:55pm UTC](https://boards.straightdope.com/t/you-get-caught-with-a-dead-body-are-you-going-to-prison/1015796/52 "2025-03-23T17:55:52Z")
> [@FairyChatMom](#): > > > [@LSLGuy](#): > > > > The body is dead; neither decision affects whoever that body used to be in the slightest. > > But that body may have family… Of course. But my duty to expose myself to hostile police interest for their benefit is what now? The more obvious the body is and the more heavily traveled the area, the more I can safely conclude somebody less cautious (or less foresightful?) will report it soon enough. To be clear, historically I have thought as you do. Of _course_ you call 911 while standing over the body and remain in place to guard the scene until the police arrive. But historically many people have not; thinking the police were nothing but taxpayer-paid thugs seeking a way to ruin your life the instant they notice you exist. So avoiding such notice was Job number 1. As our country changes into Russia before our very eyes I find myself thinking ever more defensively about my relationship with the police. Who to date have never given me personally any reason to doubt their collective sincerity in trying to do the right thing all day everyday everywhere. ---
**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\ **Post date:** [March 23, 2025, 7:25pm UTC](https://boards.straightdope.com/t/you-get-caught-with-a-dead-body-are-you-going-to-prison/1015796/53 "2025-03-23T19:25:13Z")
> [@puzzlegal](#): > > But it’s against the law to possess certain drugs. I don’t think it’s against the law to possess a dead body. It happens to people when their relatives die is natural causes all the time But presumably it does become a crime at some point? The classic example of the police discovering the mummified corpse is a long dead family in a house, they are getting charged with something even if it’s some fairly minor crime about mishandling a corpse ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [March 23, 2025, 7:51pm UTC](https://boards.straightdope.com/t/you-get-caught-with-a-dead-body-are-you-going-to-prison/1015796/54 "2025-03-23T19:51:39Z")
> [@Stranger\_On\_A\_Train](#): > > Although “motive, means, and opportunity” are often cited as essentially elements of the theory of the crime (especially in fiction), there is no requirement to establish a motive or demonstrate that the defendant in a murder trial held such motive in the case of the prosecution. True. But juries don’t like cases where “whydunnit” is left unanswered by the prosecution. It is like trying to get a murder conviction with no body- an uphill battle. > [@Jackmannii](#): > > The Davenport P.D. had spotted the abandoned truck on a city street and had it towed to the impound yard where it was eventually sold. I don’t know if the case was ever solved. This does not increase my confidence in that Police dept. > [@md-2000](#): > > If you want to get off, you have to show why you are innocent - essentially, establish reasonable doubt sufficient to counter the fact that you were in possession of a dead body. That is not how Justice works in America. The Prosecution must prove you are guilty. > [@FairyChatMom](#): > > Slight tangent, but I’m surprised how many times the plot in a police procedural involves someone who comes across a body and doesn’t report it. I dont remember that being common, but the police will hold you and question you for a while if you do call it in. So, I guess if you are rushing somewhere important, and see some shoes and maybe legs sticking out of a bush in a park, maybe saying to yourself-" It’s only a homeless person sleeping" might be the best idea for you. > [@griffin1977](#): > > The classic example of the police discovering the mummified corpse is a long dead family in a house, they are getting charged with something even if it’s some fairly minor crime about mishandling a corpse That sentence doesnt prase for me. But if the body is well hidden and clearly has been there long than you owned the house, then yeah, you will be inconvenienced , but not likely charged with anything. I had a buddy on whose ranch some indigenous people remains were found when they hired a backhoe to dig a trench. The police came out with a coroner, said the remains were very old, then some archeologists and native american rights people came out. True, he had to dig that trech elsewhere, and had a team in his back 40 or wherever for a year, but no one ever thought there was a crime involved. > [@griffin1977](#): > > I mean if I’d said “You get caught with a a bunch of drugs, are you going to prison”? The answer is unambiguously yes. Well, no- if you are delivering them to a hospital, or you are a doctor, or you work for a Pharma company, or you are a police officer bringing evidence back from a raid, or many other things. People who have bought a used car that had drugs carefully hidden have not always been convicted. So, altho being caught with a kilo of bolivian marching powder in your car is certainly a very bad thing, it is not always automatically a prison sentence. ---
**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\ **Post date:** [March 23, 2025, 8:33pm UTC](https://boards.straightdope.com/t/you-get-caught-with-a-dead-body-are-you-going-to-prison/1015796/55 "2025-03-23T20:33:16Z")
> [@DrDeth](#): > > That sentence doesnt prase for me. But if the body is well hidden and clearly has been there long than you owned the house, then yeah, you will be inconvenienced , but not likely charged with anything. Yeah that didn’t make much sense, as written. It should have read: The classic example is when the police discover the mummified corpse of a long dead family member in a house, they are getting charged with something even if it’s some fairly minor crime about mishandling a corpse ---
**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\ **Post date:** [March 23, 2025, 8:35pm UTC](https://boards.straightdope.com/t/you-get-caught-with-a-dead-body-are-you-going-to-prison/1015796/56 "2025-03-23T20:35:32Z")
> [@DrDeth](#): > > Well, no- if you are delivering them to a hospital, or you are a doctor, or you work for a Pharma company, or you are a police officer bringing evidence back from a raid, or many other things. Yeah or if it’s just a holodeck simulation and not real life at all. But still I’m happy answering “yes” to the question if none of those things are explicitly described. ---
**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\ **Post date:** [March 23, 2025, 8:41pm UTC](https://boards.straightdope.com/t/you-get-caught-with-a-dead-body-are-you-going-to-prison/1015796/57 "2025-03-23T20:41:20Z")
> [@FairyChatMom](#): > > But that body may have family… Yeah I’m with you here. True there is a non zero chance of the police trying to pin it on you. But still finding a body and not reporting it is an immoral thing to do. Regardless of how messed up our police and criminal justice system is ---
**Author:** ![Moriarty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/moriarty/32/49_2.png) [@Moriarty](https://boards.straightdope.com/u/Moriarty)\ **Post date:** [March 23, 2025, 9:52pm UTC](https://boards.straightdope.com/t/you-get-caught-with-a-dead-body-are-you-going-to-prison/1015796/58 "2025-03-23T21:52:59Z")
> [@griffin1977](#): > > Yeah or if it’s just a holodeck simulation and not real life at all. But still I’m happy answering “yes” to the question if none of those things are explicitly described. But that’s why lawyers, who prefer to be precise, would tell you _it depends_. Because there are always exceptions to every rule. ---
**Author:** ![Spiderman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spiderman/32/230_2.png) [@Spiderman](https://boards.straightdope.com/u/Spiderman)\ **Post date:** [March 24, 2025, 2:10pm UTC](https://boards.straightdope.com/t/you-get-caught-with-a-dead-body-are-you-going-to-prison/1015796/59 "2025-03-24T14:10:30Z")
> [@FairyChatMom](#): > > But that body may have family… Even if I only found a body in the park, there’s going to be an investigation & I’m going to be delayed until the ‘right’ cop (ie. detective) gets there & talks to me. I may have somewhere to be or a flight to catch. One also may be wanted for something totally unrelated & talking to the cops & _not_ giving your information is going to be suspicious to them. ---
**Author:** ![TokyoBayer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tokyobayer/32/13989_2.png) [@TokyoBayer](https://boards.straightdope.com/u/TokyoBayer)\ **Post date:** [March 25, 2025, 6:31am UTC](https://boards.straightdope.com/t/you-get-caught-with-a-dead-body-are-you-going-to-prison/1015796/60 "2025-03-25T06:31:24Z")
> [@LSLGuy](#): > > If I’m the sort who dislikes controversy and brushes with the police that just might result in me being scapegoated, well, why would I sign up to be a murder suspect? Finding a body in the woods or a park is going to be a completely different situation than the police finding it in your car. All of my knowledge about criminal law comes from TV shows, but my assumption is that being a person who stumbles upon a body, with no other connection, is not going to make you into a suspect for the vast majority of cases. Maybe I can still hold onto this belief because I live in Japan and am refusing to follow this slide into totalitarianism. [Previous page](https://boards.straightdope.com/t/you-get-caught-with-a-dead-body-are-you-going-to-prison/1015796.md?page=2) [Next page](https://boards.straightdope.com/t/you-get-caught-with-a-dead-body-are-you-going-to-prison/1015796.md?page=4)