Search results
Results from the WOW.Com Content Network
In a criminal case, an eyewitness provides direct evidence of the actus reus if they testify that they witnessed the actual performance of the criminal event under question. Other testimony, such as the witness description of a chase leading up to an act of violence or a so-called smoking gun is considered circumstantial. [5]
An explanation involving circumstantial evidence becomes more likely once alternative explanations have been ruled out. Circumstantial evidence allows a trier of fact to infer that a fact exists. [1] In criminal law, the inference is made by the trier of fact to support the truth of an assertion (of guilt or absence of guilt).
Direct evidence is any evidence that directly proves or disproves a fact. The most well-known type of direct evidence is a testimony from an eyewitness. In eye-witness testimonies the witness states exactly what they experienced, saw, or heard. Direct evidence may also be found in the form of documents.
Direct evidence is given under oath (with potential criminal liability for perjury if the testimony is subsequently proven false), in the presence of the court and jury, and may be cross-examined. In adducing direct evidence (that is, recollection of a witness in court) the court considers how the witness would have perceived the event at the ...
Evidentiality may be direct or indirect: direct evidentials are used to describe information directly perceived by the speaker through vision as well as other sensory experiences while indirect evidentials consist of the other grammatical markers for evidence such as quotatives and inferentials.
Further to this notion of moral certainty, where the trier of fact relies on proof that is solely circumstantial, i.e., when conviction is based entirely on circumstantial evidence, certain jurisdictions specifically require the prosecution's burden of proof to be such that the facts proved must exclude to a moral certainty every reasonable ...
Such evidence is expected to be empirical evidence and interpretable in accordance with the scientific method. Standards for scientific evidence vary according to the field of inquiry, but the strength of scientific evidence is generally based on the results of statistical analysis and the strength of scientific controls. [citation needed]
The term "smoking gun" is a reference to an object or fact that serves as conclusive evidence of a crime or similar act, just short of being caught in flagrante delicto. "Smoking gun" refers to the strongest kind of circumstantial evidence, as opposed to direct evidence.