3.8 Direct and Circumstantial Evidence.
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FAQ
A defendant's statement is direct evidence only if it constitutes a relevant admission of guilt. . . . ?By contrast, where the defendant makes an admission that merely includes inculpatory acts from which a jury may or may not infer guilt, the statement is circumstantial and not direct evidence. . . .
Four examples of circumstantial evidence include physical evidence, human behavior, indirect witness testimony, and scientific evidence. A combination of these forms of evidence is often enough to convict someone, but they are still not as powerful as a direct witness of the crime.
Introduction. Circumstantial evidence is evidence of facts that the court can draw conclusions from. For example, if an assault happened on O'Connell Street at 6.15pm, you can give evidence that you saw the accused walking down O'Connell Street at 6pm. In that situation, you are giving the court circumstantial evidence
For instance, a suspect in a crime was seen by a witness fleeing the scene on foot after a convenience store robbery. Circumstantial evidence does not directly prove that a defendant committed a crime. The ?running away? from a crime scene is circumstantial evidence that they committed the robbery.
Direct evidence is direct proof of a fact, such as testimony by a witness about what that witness personally saw or heard or did. Circumstantial evidence is indirect evidence, that is, it is proof of one or more facts from which one can find another fact. You are to consider both direct and circumstantial evidence.
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.
Direct evidence proves a fact directly without any inference or presumption. If the evidence is true then the fact is conclusively established. For example: witness testimony that the witness saw it raining outside before he came into the courthouse. That testimony by the witness is direct evidence that it was raining.
