Mr. Aldunate
Evidence
Direct evidence is testimony or proof which expressly or straight-forwardly
proves the existence of a fact
Circumstantial evidence is a collection of facts that, when considered together,
can be used to infer a conclusion about something unknown.
*usually supported by a significant quantity of corroborating evidence.
A Comparison:
If a witness testifies that the defendant was seen entering a house, then
screaming was heard, then the defendant was seen leaving, carrying a bloody
knife, that is circumstantial evidence; if a witness testifies that the defendant was
seen actually stabbing the victim, that is direct evidence.
Direct vs Circumstantial:
• to prove the mens rea levels of "purposely" or "knowingly," the prosecution
must usually resort to circumstantial evidence
•
direct evidence is generally considered more powerful, but successful
criminal prosecutions often rely largely on circumstantial evidence
•
circumstantial evidence is more difficult to suppress or fabricate than
direct evidence
•
eyewitness testimony can be inaccurate (many persons have been
convicted on the basis of perjured or mistaken testimony)
Corroborating evidence is evidence that tends to support a proposition that is
already supported by some evidence.
e.g. “W”, a witness, testifies that she saw “X” drive his automobile into a
green car. “Y”, another witness, testifies that when he examined “X”'s
car later that day he noticed green paint on its fender.
•
.
Corroboration is normally supplied by one or more expert witnesses who
provide forensic evidence.