1.5 Direct and Circumstantial Evidence is evidence that is used in a criminal trial to prove that a crime has been committed. Direct evidence is evidence that directly proves a fact, such as a witness statement or a confession. Circumstantial evidence is evidence that provides an inference to a fact, such as a circumstantial link between a suspect and a crime scene. Different types of 1.5 Direct and Circumstantial Evidence include physical evidence, such as fingerprints; audio and video evidence; and eyewitness testimony.
1.5 Direct and Circumstantial Evidence
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US-JURY-9THCIR-1-5-CR
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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
Direct Evidence Security camera footage showing a person breaking into a store and stealing items; An audio recording of a person admitting to committing a crime; Ballistics tests that show a bullet was fired by a specific firearm; Eyewitness testimony that a person saw the defendant commit a crime;
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.
An example would be a witness pointing to someone in the courtroom and saying, ?That's the guy I saw robbing the grocery store.? This is also called direct evidence or prima facie 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. . . .
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.
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.