By Dr. Peter A. Barone
The Understanding of the various types of evidence is critical to law enforcement personnel. Here I provide a brief discussion and a few examples of Direct and Circumstantial evidence.
Direct Evidence
Direct
evidence is the method and the means of providing proof that tends to show or
demonstrate the existence of a fact in question without the intervention of
proof of any other fact. Direct evidence has also been defined as that which
immediately points to a question at issue. To demonstrate this concept if a
witness testifies that he or she observed actions on behalf of an individual
that would constitute the precise fact to be proven of something have happened.
If, in an aggravated battery case, if the witness testifies that he or she
observed the accused shoot the victim of the aggravated battery, this testimony
of the observation would be considered to be direct evidence. This is
considered to be one of the best types of evidence.
EXAMPLE
OF DIRECT EVIDENCE
A
witness observed the robbery and saw the defendant with the gun, in the store
and him taking the money from the store clerk at gunpoint; or a witness saw the
defendant take a knife out of his pocket and then stab the man in the chest
three consecutive times and then run away, or the witness saw the defendant
light a rag stuff in the bottle neck of a bottle and then throw the bottle into
the garage and then saw the garage burst into flames.
Circumstantial Evidence
Circumstantial
evidence, which is sometimes called indirect evidence, is so called because the
truth is discovered through inferences of probabilities arising from as
association of facts. An examination of circumstantial evidence means that the
existence of a principal fact is only inferred from the actual circumstances of
the situation or criminal action which is being examined (Twin City Fire Ins.
Co. v. Lonas, 1934). You can compare and contrast direct and circumstantial
evidence by understanding that the only real difference between the two is that
direct evidence is more immediate and it has fewer associations or connections
in the chain of connection between the premise and the conclusions.
EXAMPLE
OF CIRCUMSTANTIAL EVIDENCE
An
example of circumstantial evidence is the an adultery case where the witness
saw a man who was married with a women, who is not he wife, eating dinner
together and then walking to her car and him giving her a hug and a big kiss on
her cheek. Another example would be where a two people walk into a room
together and then one walks out and about 5 minutes later people walk into the
room and see one of the two people who walked in together lying on the ground
with an ice peak in his chest. Another example would be involving an adultery
case where a witness saw the person accused of adultery with a woman who was
not his wife and they were together in a hotel room and both of them were
undressed; however, no on never saw them engage in any sexual activity. It is
important to understand that circumstantial evidence is not of lesser value
than direct evidence and it can be enough to convict a person who is being
charged.
