Circumstantial evidence
Encyclopedia
Circumstantial evidence is evidence
in which an inference is required to connect it to a conclusion of fact, like a fingerprint at the scene of a crime. By contrast, direct evidence
supports the truth of an assertion directly—i.e., without need for any additional evidence or the intervening inference.
On its own, it is the nature of circumstantial evidence for more than one explanation to still be possible. Inference from one piece of circumstantial evidence may not guarantee accuracy. Circumstantial evidence usually accumulates into a collection, so that the pieces then become corroborating evidence
. Together, they may more strongly support one particular inference
over another. An explanation involving circumstantial evidence becomes more valid as proof
of a fact when the alternative explanations have been ruled out.
Circumstantial evidence allows a trier of fact
to deduce a fact exists. In criminal law, the inference is made by the trier of facts in order to support the truth of assertion (of guilt or absence of guilt).
Testimony
can be direct evidence or it can be circumstantial. If the witness
claims they saw the crime take place, this is considered direct evidence. For instance, a witness
saying that the defendant
stabbed the victim is direct evidence. By contrast, a witness who says that 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. It is the necessity for inference, and not the obviousness of a conclusion, that determines whether or not evidence is circumstantial.
Forensic evidence supplied by an expert witness
is usually circumstantial evidence. A forensic scientist who testifies that ballistics
proves the defendant’s firearm killed the victim gives circumstantial evidence from which the defendant’s guilt may be inferred. (Note that an inference of guilt could be incorrect if the person who actually fired the weapon was somebody else.)
On the other hand, the additional circumstantial evidence of the defendant's fingerprint on the trigger would dovetail with this piece to provide corroborating evidence.
The two areas in which circumstantial evidence is of most importance are civil and criminal cases where direct evidence is lacking.
. It is usually the most common form of evidence, for example in product liability
cases and road traffic accidents. Forensic analysis of skid mark
s can frequently allow a reconstruction of the accident. By measuring the length of such marks and using dynamic analysis of the car and road conditions at the time of the accident, it may be found that a driver underestimated his or her speed. Forensic science and forensic engineering
are common as much in civil cases as in criminal.
or innocence
through reasoning.
With obvious exceptions (immature
, incompetent, or mentally ill
individuals), most criminals try to avoid generating direct evidence. Hence the prosecution
usually must resort to circumstantial evidence to prove the mens rea
levels of "purposely" or "knowingly." The same goes for tortfeasors in tort
law
, if one needs to prove a high level of mens rea to obtain punitive damages.
One example of circumstantial evidence is the behavior of a person around the time of an alleged offense. If 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 the individual's guilt.
, blood analysis or DNA analysis of the evidence found at the scene of a crime. These types of evidence may strongly point to a certain conclusion when taken into consideration with other facts, but if not directly witnessed by someone when the crime was committed, they are still considered to be circumstantial in nature. However, when proved by expert witness
es, they are usually sufficient to decide a case especially in the absence of any direct evidence. Owing to the development in forensic methods, old undecided cases (or cold cases) are frequently resolved.
was circumstantial, for example. Speaking about McVeigh's trial, University of Michigan
law professor Robert Precht said, "Circumstantial evidence can be, and often is much more powerful than direct evidence". The 2004 murder trial of Scott Peterson was another high-profile conviction based heavily on circumstantial evidence.
Indeed, the common metaphor for the strongest possible evidence in any case—the "smoking gun"—is an example of proof based on circumstantial evidence. Similarly, fingerprint evidence, videotapes, sound recordings, photographs, and many other examples of physical evidence that support the drawing of an inference, i.e., circumstantial evidence, are considered very strong possible evidence.
In practice, circumstantial evidence can have an advantage over direct evidence in that it can come from multiple sources that check and reinforce each other. Eyewitness testimony can be inaccurate at times, and many persons have been convicted on the basis of perjured or otherwise mistaken testimony. Thus strong circumstantial evidence can be a more reliable basis on which to determine a verdict. Circumstantial 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 its admission. This 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.
However, there is sometimes more than one logical conclusion inferable from the same set of circumstances. In cases where one conclusion implies a defendant's guilt and another his innocence, the "benefit of the doubt" principle would apply. Indeed, if the circumstantial evidence suggests a possibility of innocence, the prosecution has the burden of disproving that possibility.
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
in which an inference is required to connect it to a conclusion of fact, like a fingerprint at the scene of a crime. By contrast, direct evidence
Direct evidence
Direct evidence supports the truth of an assertion directly, i.e., without an intervening inference...
supports the truth of an assertion directly—i.e., without need for any additional evidence or the intervening inference.
On its own, it is the nature of circumstantial evidence for more than one explanation to still be possible. Inference from one piece of circumstantial evidence may not guarantee accuracy. Circumstantial evidence usually accumulates into a collection, so that the pieces then become corroborating evidence
Corroborating evidence
Corroborating evidence is evidence that tends to support a proposition that is already supported by some evidence, therefore confirming the proposition. For example, W, a witness, testifies that she saw X drive his automobile into a green car...
. Together, they may more strongly support one particular inference
Inference
Inference is the act or process of deriving logical conclusions from premises known or assumed to be true. The conclusion drawn is also called an idiomatic. The laws of valid inference are studied in the field of logic.Human inference Inference is the act or process of deriving logical conclusions...
over another. An explanation involving circumstantial evidence becomes more valid as proof
Proof (truth)
A proof is sufficient evidence or argument for the truth of a proposition.The concept arises in a variety of areas, with both the nature of the evidence or justification and the criteria for sufficiency being area-dependent...
of a fact when the alternative explanations have been ruled out.
Circumstantial evidence allows a trier of fact
Trier of fact
A trier of fact is a person, or group of persons, who determines facts in a legal proceeding, usually a trial. To determine a fact is to decide, from the evidence, whether something existed or some event occurred.-Juries:...
to deduce a fact exists. In criminal law, the inference is made by the trier of facts in order to support the truth of assertion (of guilt or absence of guilt).
Testimony
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
can be direct evidence or it can be circumstantial. If the witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
claims they saw the crime take place, this is considered direct evidence. For instance, a witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
saying that the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
stabbed the victim is direct evidence. By contrast, a witness who says that 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. It is the necessity for inference, and not the obviousness of a conclusion, that determines whether or not evidence is circumstantial.
Forensic evidence supplied by an expert witness
Expert witness
An expert witness, professional witness or judicial expert is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally...
is usually circumstantial evidence. A forensic scientist who testifies that ballistics
Ballistics
Ballistics is the science of mechanics that deals with the flight, behavior, and effects of projectiles, especially bullets, gravity bombs, rockets, or the like; the science or art of designing and accelerating projectiles so as to achieve a desired performance.A ballistic body is a body which is...
proves the defendant’s firearm killed the victim gives circumstantial evidence from which the defendant’s guilt may be inferred. (Note that an inference of guilt could be incorrect if the person who actually fired the weapon was somebody else.)
On the other hand, the additional circumstantial evidence of the defendant's fingerprint on the trigger would dovetail with this piece to provide corroborating evidence.
The two areas in which circumstantial evidence is of most importance are civil and criminal cases where direct evidence is lacking.
Civil law
Circumstantial evidence is used in civil courts to establish or refute liabilityLegal liability
Legal liability is the legal bound obligation to pay debts.* In law a person is said to be legally liable when they are financially and legally responsible for something. Legal liability concerns both civil law and criminal law. See Strict liability. Under English law, with the passing of the Theft...
. It is usually the most common form of evidence, for example in product liability
Product liability
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause...
cases and road traffic accidents. Forensic analysis of skid mark
Skid mark
A skid mark is the mark a tire makes when a vehicle wheel stops rolling and slides or spins on the surface of the road. More generally, any solid which moves against another can cause visible marks, and is an important aspect of trace evidence analysis in forensic science and forensic engineering...
s can frequently allow a reconstruction of the accident. By measuring the length of such marks and using dynamic analysis of the car and road conditions at the time of the accident, it may be found that a driver underestimated his or her speed. Forensic science and forensic engineering
Forensic engineering
Forensic engineering is the investigation of materials, products, structures or components that fail or do not operate or function as intended, causing personal injury or damage to property. The consequences of failure are dealt with by the law of product liability. The field also deals with...
are common as much in civil cases as in criminal.
Criminal law
Circumstantial evidence is used in criminal courts to establish guiltGuilt
Guilt is the state of being responsible for the commission of an offense. It is also a cognitive or an emotional experience that occurs when a person realizes or believes—accurately or not—that he or she has violated a moral standard, and bears significant responsibility for that...
or innocence
Innocence
Innocence is a term used to indicate a lack of guilt, with respect to any kind of crime, sin, or wrongdoing. In a legal context, innocence refers to the lack of legal guilt of an individual, with respect to a crime.-Symbolism:...
through reasoning.
With obvious exceptions (immature
Child
Biologically, a child is generally a human between the stages of birth and puberty. Some vernacular definitions of a child include the fetus, as being an unborn child. The legal definition of "child" generally refers to a minor, otherwise known as a person younger than the age of majority...
, incompetent, or mentally ill
Mental illness
A mental disorder or mental illness is a psychological or behavioral pattern generally associated with subjective distress or disability that occurs in an individual, and which is not a part of normal development or culture. Such a disorder may consist of a combination of affective, behavioural,...
individuals), most criminals try to avoid generating direct evidence. Hence the prosecution
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
usually must resort to circumstantial evidence to prove the mens rea
Mens rea
Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
levels of "purposely" or "knowingly." The same goes for tortfeasors in tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, if one needs to prove a high level of mens rea to obtain punitive damages.
One example of circumstantial evidence is the behavior of a person around the time of an alleged offense. If 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 the individual's guilt.
Forensic evidence
Other examples of circumstantial evidence are fingerprintFingerprint
A fingerprint in its narrow sense is an impression left by the friction ridges of a human finger. In a wider use of the term, fingerprints are the traces of an impression from the friction ridges of any part of a human hand. A print from the foot can also leave an impression of friction ridges...
, blood analysis or DNA analysis of the evidence found at the scene of a crime. These types of evidence may strongly point to a certain conclusion when taken into consideration with other facts, but if not directly witnessed by someone when the crime was committed, they are still considered to be circumstantial in nature. However, when proved by expert witness
Expert witness
An expert witness, professional witness or judicial expert is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally...
es, they are usually sufficient to decide a case especially in the absence of any direct evidence. Owing to the development in forensic methods, old undecided cases (or cold cases) are frequently resolved.
Validity of circumstantial evidence
A popular misconception is that circumstantial evidence is less valid or less important than direct evidence. This is only partly true: direct evidence is popularly, but mistakenly, considered more powerful. Many successful criminal prosecutions rely largely or entirely on circumstantial evidence, and civil charges are frequently based on circumstantial or indirect evidence. Much of the evidence against convicted American bomber Timothy McVeighTimothy McVeigh
Timothy James McVeigh was a United States Army veteran and security guard who detonated a truck bomb in front of the Alfred P. Murrah Building in Oklahoma City on April 19, 1995...
was circumstantial, for example. Speaking about McVeigh's trial, University of Michigan
University of Michigan
The University of Michigan is a public research university located in Ann Arbor, Michigan in the United States. It is the state's oldest university and the flagship campus of the University of Michigan...
law professor Robert Precht said, "Circumstantial evidence can be, and often is much more powerful than direct evidence". The 2004 murder trial of Scott Peterson was another high-profile conviction based heavily on circumstantial evidence.
Indeed, the common metaphor for the strongest possible evidence in any case—the "smoking gun"—is an example of proof based on circumstantial evidence. Similarly, fingerprint evidence, videotapes, sound recordings, photographs, and many other examples of physical evidence that support the drawing of an inference, i.e., circumstantial evidence, are considered very strong possible evidence.
In practice, circumstantial evidence can have an advantage over direct evidence in that it can come from multiple sources that check and reinforce each other. Eyewitness testimony can be inaccurate at times, and many persons have been convicted on the basis of perjured or otherwise mistaken testimony. Thus strong circumstantial evidence can be a more reliable basis on which to determine a verdict. Circumstantial 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 its admission. This 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.
However, there is sometimes more than one logical conclusion inferable from the same set of circumstances. In cases where one conclusion implies a defendant's guilt and another his innocence, the "benefit of the doubt" principle would apply. Indeed, if the circumstantial evidence suggests a possibility of innocence, the prosecution has the burden of disproving that possibility.
See also
- Expert evidence
- Expert witnessExpert witnessAn expert witness, professional witness or judicial expert is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally...
- Forensic engineeringForensic engineeringForensic engineering is the investigation of materials, products, structures or components that fail or do not operate or function as intended, causing personal injury or damage to property. The consequences of failure are dealt with by the law of product liability. The field also deals with...
- Forensic science
- HearsayHearsayHearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of...
- Inculpatory evidenceInculpatory evidenceInculpatory evidence is a legal term used to describe evidence that shows, or tends to show, a person's involvement in an act, or evidence that can establish guilt. In criminal law, the prosecution has a duty to provide all evidence to the defense, whether it favours the prosecution's case, or the...