1.12 Direct and Circumstantial Evidence is evidence which can be used to prove or disprove an element of a case. Direct Evidence is evidence which directly supports or disproves a fact, such as a witness statement, documentary evidence, or physical proof. Circumstantial Evidence is evidence which suggests a fact by inference or deduction, such as circumstantial evidence or inference. Both types of evidence can be used to support or disprove a case, and are often used together in a legal proceeding.
1.12 Direct and Circumstantial Evidence
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US-JURY-9THCIR-1-12
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
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FAQ
There are two types of evidence; namely, direct evidence and circumstantial evidence. In this case, the People contend that there is circumstantial evidence of the defendant's guilt.
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.
Generally speaking, there are four main kinds of evidence. These are testimonial, documentary, demonstrative, and what's called real evidence.
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. . . .
Circumstantial evidence is indirect evidence that may infer the commission of a crime as it does not directly prove a key fact. It is typically weaker than direct evidence.
You may be surprised to learn that, although circumstantial evidence is unreliable, it is also admissible in court and can be used to convict a person of a crime.
For example, a witness saying that she saw a defendant stab a victim is providing direct evidence. By contrast, a witness saying that she saw a defendant enter a house, heard screaming, and saw the defendant leave with a bloody knife is 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.