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Topic: Circumstantial evidence

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	Circumstantial evidence - Wikipedia, the free encyclopedia
		Circumstantial evidence is usually a theory, supported by a significant quantity of corroborating evidence.
		Circumstantial evidence is used in criminal courts to establish guilt or innocence through reasoning.
		The distinction between direct and circumstantial evidence is important because, with the obvious exceptions (the immature, incompetent, or mentally ill), nearly all criminals are careful to not generate direct evidence, and try to avoid demonstrating criminal intent.
	en.wikipedia.org /wiki/Circumstantial_evidence (545 words)

	1999 GDLA Law Journal - Recent Developments In Georgia Evidence Law
		Even evidence of a fingerprint left on a battery near the contraband, is not sufficient to support the conviction, as the battery could have been left for purposes unrelated to the drugs.
		The Court held that the circumstantial evidence upon which the plaintiff relied is entirely consistent with the defendant's explanation that he was merely relating the statements of an unidentified person and was not acting cruelly.
		Circumstantial evidence has no probative value in establishing a fact when the evidence is consistent with direct and unimpeached evidence showing the non-existence of such a fact.
	www.gdla.org /members/el5e.html (857 words)

	Legal Definitions of Circumstances, Circumstantial Evidence
		The fingerprints are circumstantial evidence of Z's presence in the bedroom.
		Circumstantial evidence is usually not as good as direct evidence (an eyewitness saw Z in the bedroom) because it is easy to make the wrong inference - Y may have loaned Z the book and then carried it back to the bedroom herself after getting it back.
		Circumstantial evidence is generally admissible in court unless the connection between the fact and the inference is too weak to be of help in deciding the case.
	www.lectlaw.com /def/c342.htm (440 words)

	Circumstantial Evidence of Product Defect in Strict Liability Cases
		What distinguishes the res ipsa case from the use of circumstantial evidence in a strict liability case is that for res ipsa to be applied, the instrumentality must be under the physical control of the defendant at the time of the injury, whereas no such requirement exists in the strict liability case.
		Trial attorneys should consider the use of product defect by circumstantial evidence as one of their trial weapons to be used when direct evidence cannot be obtained but proof of the defect must still be presented to the jury to withstand a motion for directed verdict.
		Circumstantial evidence of defect will be most helpful where the product has been destroyed either during or subsequent to the incident and is unavailable for inspection by either side's expert or other witnesses.
	www.mobar.org /journal/1999/sepoct/hack.htm (5382 words)

	S.C. Judicial Department - Opinion Number 25902
		When the state relies exclusively on circumstantial evidence and a motion for directed verdict is made, the circuit court is concerned with the existence or nonexistence of evidence, not with its weight.
		The judge failed to charge the jury as to circumstantial evidence, contenting himself with an entirely neutral statement of the opposed contentions of the parties, though he had been asked to say that such evidence was enough only when it foreclosed the hypothesis of innocence.
		In short, whether direct evidence or circumstantial evidence is more trustworthy and probative depends upon the particular facts of the case and no generalizations realistically can be made that one class of evidence is per se more reliable than is the other class of evidence.
	www.judicial.state.sc.us /opinions/displayOpinionPF.cfm?caseNo=25902 (2868 words)

	Circumstantial evidence (Site not responding. Last check: 2007-11-06)
		Circumstantial evidence is evidence of facts from which inferences or can be drawn.
		Circumstantial evidence must be closely examined and it must be looked at cumulatively.
		In other words, a court would be very slow to convict a defendant on the basis of one piece of circumstantial evidence alone, for example, the fact that his or her fingerprints were found at the scene of the crime.
	www.oasis.gov.ie /justice/evidence/circumstantial_evidence.html (379 words)

	Evidence (law) - Wikipedia, the free encyclopedia
		Evidence must be relevant — that is, it must have a tendency to make a fact at issue in the proceeding be more or less probable than it would be without the evidence.
		The bulk of the law of evidence regulates the types of evidence that may be sought from witnesses and the manner in which the interrogation of witnesses is conducted during direct examination and cross-examination of witnesses.
		These include the exclusionary rule of criminal procedure, which prohibits the admission in a criminal trial of evidence gained by unconstitutional means, and the parol evidence rule of contract law, which prohibits the admission of extrinsic evidence of the contents of a written contract.
	en.wikipedia.org /wiki/Evidence_(law) (1292 words)

	Steps in a Trial: Evidence (Resources, ABA Division for Public Education)
		Circumstantial evidence usually is that which suggests a fact by implication or inference: the appearance of the scene of a crime, testimony that suggests a connection or link with a crime, physical evidence that suggests criminal activity.
		Both kinds of evidence are a part of most trials, with circumstantial evidence probably being used more often than direct.
		Strict rules govern the kinds of evidence that may be admitted into a trial, and the presentation of evidence is governed by formal rules.
	www.abanet.org /publiced/courts/evidence.html (176 words)

	OSCN Found Document:EASLICK v. STATE
		State, 1997 OK CR 71, 951 P.2d 98, 120 (where the prosecutor told the jury that circumstantial evidence should not be considered inferior to direct evidence, this Court held that the comment was a correct statement of the law).
		Circumstantial evidence consists of a series of facts or occurrences from which one may infer a particular thing has happened.
		In cases depending upon circumstantial evidence, witnesses may swear falsely as to the circumstances relied upon; but experience shows that it is impossible to fabricate consistency in the circumstances themselves, where many facts are involved.
	www.oscn.net /applications/oscn/deliverdocument.asp?citeID=438920 (4002 words)

	Drew D. Dropkin, Linking the Culpability and Circumstantial Evidence Requirements for the Spoliation Inference, 51 Duke ... (Site not responding. Last check: 2007-11-06)
		When evidence is within the control of a party whose natural interests it would be to produce that evidence, and that party destroys the evidence without adequate cause, it may be inferred that such evidence would be unfavorable to that party.
		Although courts have departed considerably from the unqualified conviction that the spoliation inference is insufficient, absent extrinsic evidence, to serve as evidence of the contents of the spoliated evidence, judicial treatment of the circumstantial evidence requirement for the spoliation inference remains muddled.
		Because spoliation of evidence clearly violates the spirit of discovery, a wide range of sanctions may be imposed under the Rules of Civil Procedure, including dismissal of the lawsuit, entry of a default judgment, exclusion of evidence and testimony, and assessing monetary penalties.
	www.law.duke.edu /journals/dlj/articles/DLJ51P1803.HTM (9898 words)

	‘Circumstantial’ — the Scarlet C? - Crime & Punishment - MSNBC.com
		Everything else is circumstantial evidence, which is simply anything that allows a jury to reach a conclusion by reasoning, as long as it is relevant.
		Most witness testimony is circumstantial, since most witnesses relate not that they saw the defendant actually commit the crime, but instead that they saw or knew something else that might lead a reasonable juror to conclude that the defendant committed the crime.
		Circumstantial evidence is nothing more than what we live by on a daily basis as a matter of common sense.”
	www.msnbc.msn.com /id/3340617 (1176 words)

	SC: Circumstantial evidence must point to guilt
		"By now it is a well-settled principle that in order to sustain a conviction on circumstantial evidence, the prosecution must establish that the chain of circumstances only consistently point to the guilt of the accused and is inconsistent with his innocence," a Bench of Justice H K Sema and Justice C K Thakker said.
		The Bench felt that the High Court erroneously held that the evidence of certain prosecution witnesses could not establish the chain of circumstantial evidence only pointing to the guilt of the accused.
		After carefully examining the evidence on record, the court concluded that the testimony of four witnesses together with the medical evidence and the failure of the accused to explain the scratch marks on his face consistently established the guilt of the accused and was inconsistent with his innocence.
	in.rediff.com /news/2006/mar/21sc.htm (232 words)

	law.com Law Dictionary
		evidence in a trial which is not directly from an eyewitness or participant and requires some reasoning to prove a fact.
		Particularly in criminal cases, "eyewitness" ("I saw Frankie shoot Johnny") type evidence is often lacking and may be unreliable, so circumstantial evidence becomes essential.
		Prior threats to the victim, fingerprints found at the scene of the crime, ownership of the murder weapon, and the accused being seen in the neighborhood, certainly point to the suspect as being the killer, but each bit of evidence is circumstantial.
	dictionary.law.com /default2.asp?selected=191 (121 words)

	LawKT.com: Law Firm Publications on Circumstantial Evidence
		Conrad demonstrates that circumstantial evidence that the nursing home proximately caused the resident's death is sufficient to prove common law negligence and neglect under the Abuse Statute and can support a significant award of damages and costs.
		Plaintiff introduced evidence that he accurately recorded the attendance and hours of the employees under his supervision and that his supervisor, who was described as wielding "absolute power" within the company, had demonstrated age-based animus in his dealings with him.
		Registration is prima facie evidence of the validity of the mark, of the registrant's ownership of the mark, and of the registrant's exclusive right to use the mark in commerce.
	www.lawkt.com /pubs/Circumstantial_Evidence.html (13184 words)

	[No title]
		Evidence is the key element in convincing the judge or jury that your facts are the proper ones on which to base a final decision.
		Other forms of evidence such as objects from a crime scene, or a signed contract in a civil suit, can be submitted to the court as well.
		Circumstantial evidence is "evidence that may allow a judge or jury to deduce a certain fact from other facts, which have been proven."[3] A lawyer may support an eyewitness account with evidence about the circumstances of the situation, which helps the judge or jury logically deduce or reasonably infer facts that cannot be proven directly.
	www.beyondintractability.org /essay/Legal_Facts (729 words)

	SSRN-The Cognitive Psychology of Circumstantial Evidence by Kevin Heller
		Empirical research indicates that jurors routinely undervalue circumstantial evidence (DNA, fingerprints, and the like) and overvalue direct evidence (eyewitness identifications and confessions) when making verdict choices, even though false-conviction statistics indicate that the former is normally more probative and more reliable than the latter.
		The traditional explanation of this paradox, based on the probability-threshold model of jury decision-making, is that jurors simply do not understand circumstantial evidence and thus routinely underestimate its effect on the objective probability of the defendant's guilt.
		Heller, Kevin Jon, "The Cognitive Psychology of Circumstantial Evidence" (2006).
	papers.ssrn.com /sol3/papers.cfm?abstract_id=869547 (346 words)

	Circumstantial Evidence Sufficient for Alien-Trafficking Conviction—Court
		Circumstantial evidence was sufficient to convict a woman who accompanied three undocumented aliens on a flight from Japan to Los Angeles of immigration crimes, the Ninth U.S. Circuit Court of Appeals ruled yesterday.
		Witnesses testified that at the Narita Airport in Japan, a male escort furnished the aliens with the necessary travel documents and pointed out Yoshida as she walked slowly at the bottom of a flight of stairs. The aliens were told that she was their escort and that they must follow her.
		Attorneys for Yoshida argued that the circumstantial evidence presented during the trial before District Judge Audrey B. Collins in the United States District Court for the Central District of California was not sufficient for the jury to convict.
	www.metnews.com /articles/yosh091302.htm (449 words)

	Circumstantial Evidence of the Book of Mormon: The Testimony of the Witnesses
		The youth and inexperience of Joseph Smith at the time when he took full responsibility for the publication of the book - proof (a) that he could not have produced it himself and (b) that he was not acting for someone else, for his behavior at all times displayed astounding independence.
		These numerous personal statements and interviews also serve as evidence that amidst persecution, economic trials, public criticism, and apostasy from the Church the eleven never deviated from their conviction that they carefully examined the metallic plates and that the Book of Mormon was a product of the translation of this record.
		Even though six of the eleven rejected the leadership of Joseph Smith in the late 1830s, there is no reliable evidence that any of the witnesses at any time deviated from their conviction in the authenticity of the Book of Mormon.
	www.jefflindsay.com /bme12.shtml (3195 words)

	Circumstantial evidence was enough in case \| The San Diego Union-Tribune
		REDWOOD CITY – It was circumstantial evidence that led jurors to decide that Scott Peterson murdered his wife.
		The jury did so, legal analysts said, because of the cumulative weight of the circumstantial factors that pointed to Peterson, not least his alibi about going fishing in San Francisco Bay the day his wife disappeared from her home in Modesto, about 90 miles away.
		Given that evidence, some wondered why jurors didn't decide that both killings were first-degree murder, which requires premeditation.
	www.signonsandiego.com /uniontrib/20041113/news_1n13analysis.html (525 words)

	TWA Flight 800 - Circumstantial Evidence
		[I]n view of the absence of persuasive evidence indicating any other probable cause of the accident, we are greatly impressed by the evidence of the coincidence of the lightning flash seen to be in close proximity to the airplane and the immediate descent of the airplane.
		Therefore, defaulting to witness evidence without physical evidence is possible in the case of a lightning, but not a missile, determination.
		Therefore, no physical evidence of a conventional warhead detonation could be the case in a witness-based missile finding if less than all of the aircraft was recovered, as is the case.
	www.serendipity.li /more/goddard2/02.htm (3003 words)

	Circumstantial Evidence That the Gospels Are Trustworthy
		The principal evidence that the Gospels are trustworthy is the evidence already cited, that the Gospels were actually written by men who knew Jesus or Jesus' apostles.
		The circumstantial evidence supporting the reliability of the Gospels is of five kinds.
		It was by upholding undebatable evidence of the supernatural that the church grew at a prodigious rate despite persecution.
	www.themoorings.org /apologetics/Gospels/relia4.html (3221 words)

	Hair DNA allowed in Peterson case / Important decision -- evidence mostly circumstantial (Site not responding. Last check: 2007-11-06)
		The hair, which has emerged as an important physical piece of evidence, was found on pliers in Peterson's boat and could have belonged to his wife, an FBI scientist has testified.
		Laci Peterson's body was missing its head, neck, forearms and left leg, and most of her internal organs, and there was no evidence of tool marks or gunshot wounds that would determine her cause of death, the pathologist said.
		The fetus was 33 to 38 weeks old and was expelled from his mother's intact uterus as a result of "time, tidal action and animal feeding," not from a natural birth or a Cesarean section, he said.
	sfgate.com /cgi-bin/article.cgi?f=/c/a/2003/11/18/PETERSON.TMP (608 words)

	CIRCUMSTANTIAL EVIDENCE... WHO'S PAYING THE PRICE? (Site not responding. Last check: 2007-11-06)
		More often than we’d all like, convictions are obtained in court proceedings based upon an array of "circumstantial evidence." It is not always possible to introduce into evidence in such proceedings prima facie facts and verification of wrongdoing such as a reliable witness, or a weapon, or a video of a crime being committed.
		Convictions in such trials are based almost solely on the evidence at hand -- the circumstances.
		Circumstantial evidence also identifies the reality that many Republicans are flmailable by Democrat operatives such as Hillary Clinton, which also doesn’t bode well for our republic and its freedoms.
	www.etherzone.com /2001/lang122401.shtml (670 words)

	CIRCUMSTANTIAL EVIDENCE
		There are different kinds of evidences used in determining the accuracy of alleged truth.
		Faith On Trial’ defines circumstantial evidence as “the type of evidence that requires the use of reason to reach a conclusion” (pp.
		Thus, if one were to build a case for the evidence of the resurrection of Christ based upon circumstantial evidence, he would collect as many known historical facts as possible and lay them upon one another until they built a wall no honest skeptic could jump.
	www.summit1.edu /gun15/gun05.htm (1348 words)

	[No title]
		Last Modified: 11/12/2004 8:40:57 PM REDWOOD CITY, Calif. (AP) -- It was circumstantial evidence that led jurors to decide that Scott Peterson murdered his wife.
		The jury did so, legal analysts said, because of the cumulative weight of all the circumstantial factors that pointed to Peterson— not least his alibi about going fishing in San Francisco Bay the day Laci Peterson disappeared from her home in Modesto, more than 85 miles away.
		When her body and that of her fetus turned up four months later not far from the marina where Peterson launched his brand new boat, that alibi became some of the strongest evidence against him.
	www.11alive.com /news/news_article.aspx?storyid=54738 (601 words)

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