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

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

Name: Suffolk 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:

Suffolk

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

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.

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.

Similarly, fingerprint evidence, videotapes, sound recordings, photographs, and many other examples of physical evidence that support the drawing of an inference, i.e., circumstantial evidence, are considered very strong possible 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.

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.

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.

In fact, they are common in all state and federal criminal courts. It is a fact that somebody could be convicted of a crime based only on circumstantial proof. Further, with the relatively common occurrence of false testimony and mistaken identification, circumstantial proof can be more reliable than direct evidence.

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.

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.

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That the court instruct the jury on the law as stated in the requests. On circumstantial evidence and involve technical issues of fire behavior.Siegelman's Supplementary Proposed Jury Instructions, United States v. Retired New York State Supreme Court Judge,. (Commercial Division).

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

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