Circumstantial evidence is a type of evidence that is used to infer certain facts that might be true. Because it is relying on underlying facts, rather than direct evidence, it leaves doubt on the facts and the arguments presented. Though circumstantial evidence has been historically seen as “weaker” evidence, it is still used by many lawyers in court. To understand how and why, it’s important to understand more about circumstantial evidence and what it means.
What Is Circumstantial Evidence?
Circumstantial evidence is evidence that must be taken in context to prove certain facts. It may include any kind of evidence that supports or points to a particular fact. It is generally indirect evidence that is related to the matter in dispute, but not direct and conclusive proof. An example of circumstantial evidence is a conversation between two people that might suggest their involvement in a crime.
The definition of circumstantial evidence is in contrast to direct evidence, of which eyewitness testimony is an example. Direct evidence is seen as more reliable, since it is based on facts that have been individually witnessed or experienced. Direct evidence is presented in full view of the court, so it is easier to tell whether the evidence is valid or not. However, circumstantial evidence may depend on inferences or deductions that are not always certain.
How Is It Used?
Despite it being less reliable than direct evidence, circumstantial evidence is still used by lawyers in courts of law. This is because circumstantial evidence can be a more accurate description of reality than direct evidence. Depending on the circumstances and the evidence, such as the level of certainty of witnesses or reliability of documents, circumstantial evidence can be used to prove underlying facts. In such instances, circumstantial evidence can provide a strong argument for the opposing lawyer.
Real-World Use Cases of Circumstantial Evidence
Example one: You’ve been accused of fraud and the only evidence the prosecution has is your signature on a forged document. However, you claim that someone else forged the document and circumstantial evidence confirming the use of voice recognition software can be presented to support your claim.
Example two: You’ve been accused of a crime, but the prosecution only has your phone number at an address where the crime was committed. In this instance, circumstantial evidence of your alibi can corroborate your innocence.
Conclusion
Circumstantial evidence is an important tool for lawyers during court proceedings. It can be used to understand underlying facts and draw inferences about a person or event. Knowing what circumstantial evidence is and how it is used is a valuable part of understanding the legal system.