Discuss, describe, compare, and contrast direct and circumstantial evidence. Be sure to give examples of each
What will be an ideal response?
Circumstantial evidence is evidence that indirectly proves a fact in issue. Testimony that the defendant was at the scene of the crime and ran from the scene with a pistol in his or her hand is circumstantial, or indirect evidence. Inferences have to be drawn for indirect evidence. If it were shown that no one other than the defendant had an opportunity to commit the crime and that the defendant and the victim were heard arguing angrily, the circumstantial evidence against the defendant would be stronger. While direct evidence can be used to directly prove facts, circumstantial evidence requires the fact finder to draw inferences. An inference is a conclusion that can be drawn from a fact. Direct and circumstantial evidence are used not only to prove criminal conduct but also to prove mental elements that are required essential factors in many crimes.10 Mental elements that must be proved in many crimes of violence include intent, recklessness, and criminal negligence.
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