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Jury Instruction - Evidence - Direct and Circumstantial Argument of...

Queens New York Jury Instruction - Evidence - Direct and Circumstantial Argument of Counsel and Comment of Court

Name: Queens New York Jury Instruction - Evidence - Direct and Circumstantial Argument of Counsel and Comment of Court
Brand: US Legal Forms
Rating: 4.66 (224 reviews)

Category:

Federal - Jury Instructions - Basic Criminal Claim Instructions

State:

Multi-State

County:

Queens

Control #:

US-11CR-4-2

Format:

Instant download

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Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

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.

The circumstantial evidence jury instruction tells the jury that in order to convict a defendant based on circumstantial evidence, the jury must not only find that the circumstantial evidence is consistent with defendant's guilt, but also that the evidence is not reasonably consistent with innocence.

Both direct and circumstantial evidence are considered legitimate forms of proof in federal and state courts. A person may be convicted of a crime based on circumstantial proof alone.

Direct evidence, according to the law, is evidence that directly demonstrates a fundamental fact. In contrast, indirect evidence, also known as circumstantial evidence, is a combination of facts that, if true, permits a reasonable person to infer the fact in issue.

Evidence may be direct or circumstantial. 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.

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.

Circumstantial evidence usually accumulates into a collection, so that the pieces then become corroborating evidence. Together, they may more strongly support one particular inference over another.

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.

The difference between direct and circumstantial evidence is: circumstantial evidence requires the use of an inference but direct evidence does not.

Circumstantial evidence is indirect evidence that does not, on its face, prove a fact in issue but gives rise to a logical inference that the fact exists. Circumstantial evidence requires drawing additional reasonable inferences in order to support the claim.

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Ladies and Gentlemen of the Jury: You have heard the evidence and the argument of counsel. It is now my duty to instruct you on the law in this case.The judge decides whether or not evidence can be used in the case. That the court instruct the jury on the law as stated in the requests. The circuit court denied the motions.

Queens New York Jury Instruction - Evidence - Direct and Circumstantial Argument of Counsel and Comment of Court

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