When an individual, entity, or company is accused of wrongdoing, the concept of a smoking gun becomes a major consideration during the investigation. A smoking gun, in legal terms, is an object or piece of evidence that leads to the conclusion that a particular event has happened and that a particular person is responsible.
A smoking gun can be anything from physical evidence—like a murder weapon—to documents, photos, emails, or video that proves a person’s involvement in a crime or wrongdoing. For example, when news reports surfaced alleging that Volkswagen had installed software in their diesel vehicles to cheat emissions tests, emails between engineers seemed to justify the claim and served as the smoking gun of illegal behavior.
The term “smoking gun” comes from America’s Wild West days, where someone who was seen carrying a smoking gun was taken as proof of their involvement in some kind of violence or other crime.
What Happens If a Smoking Gun Is Found?
The presence of a smoking gun often leads to criminal penalties or other legal consequences, such as hefty fines or fees. Producing a smoking gun may also bring an abrupt end to a civil trial, such as a contract dispute, as the jury may choose to award the defendant if the gun is found without hesitation.
Additionally, a smoking gun piece of evidence may lead to more information and evidence being discovered, and many more questions being answered. While this is typically beneficial for the investigators and prosecutors, the defendant may become more exposed if the new evidence unravels more criminal activities or points to previous charges as a part of a broader conspiracy.
Conclusion
When a smoking gun appears during a criminal investigation or civil lawsuit, it can be the most important evidence against the defendant. Knowing what a smoking gun is and how it can be used in a legal setting is essential for anyone facing a criminal case.