Circumstantial evidence

SIGNIFICANCE: Circumstantial evidence is weak material on which to build legal cases, but it is often the only evidence with which both prosecutors and defense attorneys have to work. Most criminal cases, however, are built on combinations of direct and circumstantial evidence.

Circumstantial evidence is, by its nature, less strong than direct evidence. Characteristics of crimes such as fingerprints and eyewitness testimony constitute direct evidence because they can directly link defendants to the crimes with which they are charged. In cases built on direct evidence, prosecutors find it easier to show beyond a reasonable doubt that the accused are guilty.

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By contrast, circumstantial evidence does not link defendants to the crimes, leaving judges and jurors to infer what the facts are. Circumstantial evidence is usually based on combinations of facts and circumstances, no one of which necessarily points toward a given suspect, but which together cast suspicion on one or more suspects. In cases based solely on circumstantial evidence, there is less likelihood that juries will reach guilty verdicts because they are left with reasonable doubt. Prosecutors therefore try to build cases primarily upon direct evidence. Even defense attorneys try to build their cases on direct evidence for the same reason—to remove reasonable doubts.

Cases based entirely upon circumstantial evidence are very common in the legal system and, in many cases, circumstantial evidence may be the only evidence available. Often attorneys on both sides of cases use eyewitness testimony as their primary direct evidence because the only other evidence available to them is circumstantial. By using both types of evidence, both defense attorneys and prosecutors hope to get to the truth of the cases and win favorable verdicts.

Bibliography

Meyer, J. F., and D. R. Grant. The Courts in Our Criminal Justice System. Upper Saddle River, N.J.: Prentice-Hall, 2003.

Rabe, Gary A., and Dean John Champion. Criminal Courts: Structure, Process and Issues. Upper Saddle River, N.J.: Prentice-Hall, 2002.

Skogan, Wesley G., and Kathleen Frydl, eds. Fairness and Effectiveness in Policing: The Evidence. Washington, D.C.: National Academies Press, 2003.

“Understanding Circumstantial Evidence.” Shane Phelps Law, 2 May 2024, www.shanephelpslaw.com/the-atticus-files/2024/05/understanding-circumstantial-evidence/. Accessed 24 June 2024.