Jury Instruction - Evidence - Direct and Circumstantial Argument of Counsel
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FAQ
Circumstantial evidence usually is that which suggests a fact by implication or inference: the appearance of the scene of a crime, testimony that suggests a connection or link with a crime, physical evidence that suggests criminal activity.
For example, that a suspect is seen running away from a murder scene with a weapon in hand is circumstantial evidence he committed the murder. This contrasts with direct evidence, which directly proves the fact in question. An eyewitness who testifies to seeing the suspect shoot the victim is direct evidence.
Circumstantial evidence is proof of a fact or set of facts from which one could infer the fact in question. For example, that a suspect is seen running away from a murder scene with a weapon in hand is circumstantial evidence he committed the murder.
Evidence is direct when every fact in dispute are communicated by those who has actual knowledge of them by means of the senses.Circumstantial evidence is indirect evidence and requires the use of a logical inference from the facts presented to resolve the issue in dispute.
Evidence that directly links a person to a crime, without the need of any inference (for example, they were seen committing the crime). Compare to circumstantial evidence.
Direct evidence can be a witness testifying about their direct recollection of events. This can include what they saw, what they heard or anything they observed with their senses.Circumstantial evidence is when a witness cannot tell you directly about the fact that is intended to be proved.
Eyewitness testimony that a person was seen fleeing from the scene of a crime; A person's fingerprints found at the scene of the crime alongside other people's fingerprints;
Evidence can be either direct or circumstantial. Direct evidence establishes a fact. Examples of direct evidence are eyewitness statements and confessions. Circumstantial evidence, on the other hand, requires that a judge and/or jury make an indirect judgment, or inference, about what happened.
Security camera footage showing a person breaking into a store and stealing items; An audio recording of a person admitting to committing a crime; Ballistics tests that show a bullet was fired by a specific firearm; Eyewitness testimony that a person saw the defendant commit a crime;