Maine Kinds of Evidence: Direct and Circumstantial are two types of evidence used in legal proceedings. Direct evidence is evidence that directly supports or proves a fact in a case. Direct evidence includes eyewitness testimony, statements by parties to the case, and physical evidence. Circumstantial evidence is evidence that suggests a fact may be true, but is not conclusive. Circumstantial evidence includes inferences, deductions, and circumstantial facts that are not directly related to the facts of the case. Examples of circumstantial evidence include the characteristics of the person accused, the location of the crime scene, and the objects found at the scene.
Maine Kinds of Evidence: Direct and Circumstantial
State:
Maine
Control #:
ME-FEDDC-JURY-3-05
Format:
Word
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Description
Official Pattern Jury Instructions for Criminal Cases in Federal District Court of Maine. All converted to Word format. Please see the official site for addional information. http://www.med.uscourts.gov/pattern-jury-instructions
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FAQ
Evidence is relevant if: (a) It has any tendency to make a fact more or less probable than it would be without the evidence; and (b) The fact is of consequence in determining the action.
Rule 601 - COMPETENCY TO TESTIFY IN GENERAL (a) Every person is competent to be a witness unless these rules provide otherwise.
Direct evidence is evidence that, if believed, directly proves a fact. Usually, in criminal cases direct evidence will be eyewitness testimony regarding something that was actually observed.
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. . . .
Maine Rule 609 requires all convictions to pass a "reverse Rule 403 " test, i.e. they can be admitted only if their probative value as to credibility outweighs any danger of unfair prejudice to a criminal defendant or any civil party.
The court may judicially notice a fact that is not subject to reasonable dispute because it: (1) Is generally known within the trial court's territorial jurisdiction; or (2) Can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.
(a) Subsequent remedial measures. When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove: (1) Negligence; (2) Culpable conduct; (3) A defect in a product or its design; or (4) A need for a warning or instruction.
RULE 402. Irrelevant evidence is not admissible.