18 julio 2011

The difference between Direct and Indirect Evidence

Jurors of Casey Anthony's murder trial found no direct evidence linking Casey Anthony to the murder of her daughter. There was plenty of circumstantial evidence though. But how can you tell the difference. Unless you are a juror in a trial, you probably won't see the instructions. Below, I post model instructions from Connecticut.

There are, generally speaking, two kinds of evidence, direct and circumstantial. Direct evidence is testimony by a witness about what that witness personally saw or heard or did. Circumstantial evidence is indirect evidence, that is, evidence from which you could find that another fact exists, even though it has not been proved directly. There is no legal distinction between direct and circumstantial evidence as far as probative value; the law permits you to give equal weight to both, but it is for you to decide how much weight to give to any particular evidence. 

Circumstantial evidence of an event is the testimony of witnesses as to the existence of certain facts or evidence or the happening of other events from which you may logically conclude that the event in question did happen. ***Assume that it is a December night, the weather is clear, there is no snow on the ground, and you retire for the evening. You wake up the next morning, you look out the window and you see snow on the ground and footprints across your lawn. The evidence that the night before there was no snow on the ground and the next morning there was snow on the ground and footprints across your lawn is direct evidence. That direct evidence, however, is circumstantial evidence of the fact that some time during the night it snowed and that some time thereafter someone walked across your lawn. 

There is no reason to be prejudiced against evidence simply because it is circumstantial evidence. You make decisions on the basis of circumstantial evidence in the everyday affairs of life. There is no reason why decisions based on circumstantial evidence should not be made in the courtroom. In fact, proof by circumstantial evidence may be as conclusive as would be the testimony of witnesses speaking on the basis of their own observation. Circumstantial evidence, therefore, is offered to prove a certain fact from which you are asked to infer the existence of another fact or set of facts. Before you decide that a fact has been proved by circumstantial evidence, you must consider all of the evidence in light of reason, experience and common sense.
Source: http://www.huffingtonpost.com/judge-h-lee-sarokin/casey-anthony-jury_b_898550.html