Direct Evidence Vs Circumstantial Evidence
What is the difference between direct and circumstantial evidence? Give two practical examples of each.
Direct evidence proves a fact without interference and does not require any reasoning to arrive at the conclusion to be drawn from the evidence. Basically it can prove a fact by itself. Everything a witness saw, heard, found, etc. are examples of direct evidence.
-A customer was present when they robbed the supermarket, he witnessed the event.
-A person saw through the window when the criminal buried the body in the backyard
Circumstantial or indirect evidence requires an inference or association with another fact. It does not directly prove the fact to be decided, but is evidence of another that might help to conclude the truth of the fact in question.
-The fingerprints of the accused were found in the knife used to commit the murder
-The accused had in his pocket the key to the room where the money, guns and drugs were found. Both circumstantial and direct evidence are acceptable to prove or disprove the elements of a charge necessary to a conviction.
What is the legal distinction between a presumption and in inference? Give two practical examples of each.
Presumption is a conclusion based on a particular set of facts, combined with logic …show more content…
Pitchess Motion is used to obtain confidential information from an officer's personnel record and use it during trial with the purpose of impeaching the officer's credibility. The information will most likely be negative towards the police. The name comes from Peter J. Pitchess a Sheriff from LA County. He is known for being part of a California legal case entitled Pitchess v. Superior Court, which allowed a defendant to obtain records of public complaints about the use of excessive force by police
Direct evidence proves a fact without interference and does not require any reasoning to arrive at the conclusion to be drawn from the evidence. Basically it can prove a fact by itself. Everything a witness saw, heard, found, etc. are examples of direct evidence.
-A customer was present when they robbed the supermarket, he witnessed the event.
-A person saw through the window when the criminal buried the body in the backyard
Circumstantial or indirect evidence requires an inference or association with another fact. It does not directly prove the fact to be decided, but is evidence of another that might help to conclude the truth of the fact in question.
-The fingerprints of the accused were found in the knife used to commit the murder
-The accused had in his pocket the key to the room where the money, guns and drugs were found. Both circumstantial and direct evidence are acceptable to prove or disprove the elements of a charge necessary to a conviction.
What is the legal distinction between a presumption and in inference? Give two practical examples of each.
Presumption is a conclusion based on a particular set of facts, combined with logic …show more content…
Pitchess Motion is used to obtain confidential information from an officer's personnel record and use it during trial with the purpose of impeaching the officer's credibility. The information will most likely be negative towards the police. The name comes from Peter J. Pitchess a Sheriff from LA County. He is known for being part of a California legal case entitled Pitchess v. Superior Court, which allowed a defendant to obtain records of public complaints about the use of excessive force by police