The And Criminal Cases Evidence

2106 WordsOct 13, 20169 Pages
In both civil and criminal cases evidence is used in order to prove a particular fact about a case. Evidence can either be direct or circumstantial. Direct evidence establishes a particular fact without the need to make an inference where circumstantial evidence an inference is needed to be made in order to connect the evidence to a particular fact of the case. Definition Circumstantial evidence is defined as evidence which may allow a judge or jury to deduce a certain fact from other facts in which have been proven. Meaning, the witness or whoever is giving the evidence is describing circumstances to which they observed. It is indirect evidence, from which then the trier of fact, that could either be the judge or the jury depending on the type of court the matter is being addressed in, can logically infer the existence of the material fact. From these definitions, it is clear that circumstantial evidence is not straightforward. There is a chain of facts that need to be followed so that a logical conclusion from a dispute between parties can be made when there is no direct evidence. Due to the fact that there is no direct evidence, the trier of fact must then make a logical jump or inference to reach their conclusions about the evidence that has been brought forth. Circumstantial evidence relies heavily on the use of inference to connect the facts to the conclusion. Meaning, a conclusion is being reached just on the circumstantial evidence that is being brought forth by
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