circumstantial evidence - law

7/26/2019 Circumstantial Evidence - Law

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Circumstantial evidenceis evidencethat relies on an inferenceto connect it to a conclusion of

factlike a fingerprint at the scene of a crime. By contrast, direct evidencesupports the truth of

an assertion directlyi.e., without need for any additional evidence or inference.

On its own, circumstantial evidence allows for more than one explanation. Different pieces ofcircumstantial evidence may be required, so that each corroboratesthe conclusions drawn from

the others. ogether, they may more strongly support one particular inferenceover another. !n

explanation involving circumstantial evidence becomes more likely once alternative explanationshave been ruled out.

"ircumstantial evidence allows a trier of factto infer that a fact exists.#$%&n criminal law, the

inference is made by the trier of fact in order to support the truth of an assertion 'of guilt or

absence of guilt(.

estimonycan be direct evidence or it can be circumstantial. )or instance, a witnesssaying that

she saw a defendantstab a victimis providing direct evidence. By contrast, a witness who saysthat she saw the defendant enter a house, that she heard screaming, and that she saw the

defendant leave with a bloody knife gives circumstantial evidence. &t is the necessity forinference, and not the obviousness of a conclusion, that determines whether evidence is

circumstantial.

)orensic evidencesupplied by an expert witnessis usually treated as circumstantial evidence.

)or instance, a forensic scientistmay provide results ofballistictests proving that the defendant*sfirearm fired the bullets that killed the victim.

"ircumstantial evidence is especially important in civil and criminal cases where direct evidence

is lacking.

"ircumstantial evidence is used in civil courts to establish or refuteliability. &t is usually themost common form of evidence, for example inproduct liabilitycases and road traffic accidents.

)orensic analysis of skid markscan frequently allow a reconstruction of the accident. By

measuring the length of such marks and using dynamic analysis of the car and road conditions atthe time of the accident, it may be found that a driver underestimated his or her speed. )orensic

scienceand forensic engineeringare common as much in civil cases as in criminal.

Criminal law[edit]

"ircumstantial evidence is used in criminal courts to establish guiltor innocencethroughreasoning.

+ith obvious exceptions 'immature, incompetent, or mentally illindividuals(, most criminals try

to avoid generating direct evidence. ence theprosecutionusually must resort to circumstantial

evidence to prove the mens realevels of -purposely- or -knowingly.- he same goes fortortfeasorsin tortlaw, if one needs to prove a high level of mens reato obtainpunitive damages.
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One example of circumstantial evidence is the behavior of a person around the time of an alleged

offense. &f someone was charged with theft of money and was then seen in a shopping spree

purchasing expensive items, the shopping spree might be circumstantial evidence of theindividuals guilt.

Forensic evidence[edit]

Other examples of circumstantial evidence are fingerprint,blood analysisor D/! analysisof theevidence found at the scene of a crime. hese types of evidence may strongly point to a certain

conclusion when taken into consideration with other factsbut if not directly witnessed by

someone when the crime was committed, they are still considered circumstantial. owever,when proved by expert witnesses,they are usually sufficient to decide a case, especially in the

absence of any direct evidence. Owing to developments in forensic methods, old undecided cases

'or cold cases( are frequently resolved.

Validity of circumstantial evidence[edit]

! popular misconception is that circumstantial evidence is less valid or less important than direct

evidence.#0%#1%his is only partly true2 direct evidence is popularly, but mistakenly, consideredmore powerful. 3any successful criminal prosecutions rely largely or entirely on circumstantial

evidence, and civil charges are frequently based on circumstantial or indirect evidence. 3uch of

the evidence against convicted !merican bomber imothy 3c4eighwas circumstantial, forexample. 5peaking about 3c4eighs trial, 6niversity of 3ichiganlaw professor 7obert 8recht

said, -"ircumstantial evidence can be, and often is much more powerful than direct evidence.-#9%

he 0::9 murder trial of 5cott 8etersonwas another high;profile conviction based heavily on

circumstantial evidence.

&ndeed, the common metaphor for the strongest possible evidence in any casethe -smokinggun-is an example of proof based on circumstantial evidence. 5imilarly, fingerprint evidence,

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

possible evidence.

&n practice, circumstantial evidence can have an advantage over direct evidence in that it can

come from multiple sources that check and reinforce each other.#%and many persons have been convicted on the basis of per?ured or

otherwise mistaken testimony.#@%hus, strong circumstantial evidence can provide a more reliable

basis for a verdict. "ircumstantial evidence normally requires a witness, such as the police

officer who found the evidence, or an expert who examined it, to lay the foundation for itsadmission. his witness, sometimes known as the sponsor or the authenticating witness, is giving

direct 'eye;witness( testimony, and could present credibility problems in the same way that any

eye witness does.

owever, there is sometimes more than one logical conclusion inferable from the same set of

circumstances. &n cases where one conclusion implies a defendants guilt and another his

innocence, the -benefit of the doubt- principle would apply. &ndeed, if the circumstantial
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evidence suggests a possibility of innocence, the prosecution has the burden of disproving that

possibility.#A%

Inferenceis the act or process of derivinglogical conclusionsfrompremisesknown or assumed

to be true.#$%he conclusion drawn is also called an idiomatic. he laws of valid inferenceare

studied in the field of logic.

!lternatively, inference may be defined as the non;logical, but rational means, through

observation of patterns of facts, to indirectly see new meanings and contexts for understanding.

Of particular use to this application of inference are anomalies and symbols. &nference, in this

sense, does not draw conclusions but opens new paths for inquiry. '5ee second set of =xamples.(

&n this definition of inference, there are two types of inference2inductive inferenceand deductive

inference. 6nlike the definition of inference in the first paragraph above, meaning of word

meanings are not tested but meaningful relationships are articulated.
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