Circumstantial Evidence

Circumstantial Evidence in United States

Circumstantial Evidence Definition

The proof of certain facts and circumstances in a given case from which the jury may infer other connected facts which uusally and reasonably follow according to the common experience of mankind. 272 111. 179. That which is applied to the principal fact indirectly, or through the medium of other facts, by establishing certain circumstances or minor facts from which the principal fact is gathered by a process of inference. See 3 Benth. Jud. Ev. 2, 5. The process by which a fact not directly known is inferred from known facts or circumstances. 1 Starkie, Ev. 18. The terms circumstantial and presumptive are often used interchangeably to denote the same kind of evidence, but in strictness this is not correct. Presumptive evidence is a species of circumstantial evidence, though so large a species as to be almost coextensive with its genus. Evidence may be circumstantial without being presumptive, either because it fails to raise a presumption, or because the inference to which it gives rise is stronger than mere presumption. Burrill, Circ. Ev. 76. Circumstantial evidence is of two kinds, namely: certain, or that from which the conclusion in question necessarily follows; and uncertain, or that from which the conclusion does not necessarily follow, but is probable only, and is obtained by process of reasoning. 127 111. 520.

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Legal Issue for Attorneys

The proof of certain facts and circumstances in a given case from which the jury may infer other connected facts which uusally and reasonably follow according to the common experience of mankind. 272 111. 179. That which is applied to the principal fact indirectly, or through the medium of other facts, by establishing certain circumstances or minor facts from which the principal fact is gathered by a process of inference. See 3 Benth. Jud. Ev. 2, 5. The process by which a fact not directly known is inferred from known facts or circumstances. 1 Starkie, Ev. 18. The terms circumstantial and presumptive are often used interchangeably to denote the same kind of evidence, but in strictness this is not correct. Presumptive evidence is a species of circumstantial evidence, though so large a species as to be almost coextensive with its genus. Evidence may be circumstantial without being presumptive, either because it fails to raise a presumption, or because the inference to which it gives rise is stronger than mere presumption. Burrill, Circ. Ev. 76. Circumstantial evidence is of two kinds, namely: certain, or that from which the conclusion in question necessarily follows; and uncertain, or that from which the conclusion does not necessarily follow, but is probable only, and is obtained by process of reasoning. 127 111. 520.

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Notice

This definition of Circumstantial Evidence Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Practical Information

Note: Some of this information was last updated in 1982

See direct evidence (in U.S. law).

(Revised by Ann De Vries)

What is Circumstantial Evidence?

For a meaning of it, read Circumstantial Evidence in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Circumstantial Evidence.

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See Also

  • Legal Topics.
  • Artificial fibers; Blood; Bloodstain evidence; Civil court, forensic evidence; CODIS: Combined DNA Index System; Crime scene investigation; Crime scene reconstruction; DNA fingerprint; DNA profiling; DNA sequences, unique; DNA typing systems; Evidence; Expert witnesses; Federal Rules of Evidence; Fibers; Hair analysis; PCR (polymerase chain reaction); Statistical interpretation of evidence; Supreme Court; Rulings on forensic evidence.

    Further Reading (Articles)

    Oddly, raft of circumstantial evidence not enough., Japan Times (Tokyo, Japan); April 25, 2007

    Analysis: What circumstantial evidence is and how it’s used in trials, NPR Talk of the Nation; May 27, 2003; NEAL CONAN

    The cognitive psychology of circumstantial evidence., Michigan Law Review; November 1, 2006; Heller, Kevin Jon

    Circumstantial evidence is key in Simpson case, The Boston Globe (Boston, MA); July 5, 1994; Lynda Gorov, Globe Staff

    The Rules of
    Circumstantial Evidence; A Chairman Can Decide How Much Weight This Information Will Carry, The Star (South Africa); March 5, 2014

    Spotlight on Circumstantial Evidence a Case in Point; This Kind of Inference Can Be Used to Support Substantial Facts, The Star (South Africa); April 3, 2013

    Anthrax Case Hinges on Circumstantial Evidence, NPR Morning Edition; August 8, 2008; RENEE MONTAGNE

    Circumstantial Evidence May Be Okay; Case Law Has Shown That Inferred Facts Can Be Accepted as Proof, The Star (South Africa); June 4, 2014

    Linking the Culpability and Circumstantial Evidence Requirements for the Spoliation Inference, Duke Law Journal; April 1, 2002; Dropkin, Drew D.

    Circumstantial Evidence of Negligent Driving.(traffic accidents cases), Mondaq Business Briefing; November 27, 2009

    What is the value of circumstantial evidence? Part 18 of a series of articles on the issue of substantive fairness in dismissals.(Workplace), The Star (South Africa); November 26, 2008

    Proving guilt in a disciplinary hearing; Circumstantial evidence will suffice at a hearing – but not speculation.(Workplace), The Star (South Africa); December 1, 2010

    Does Anthony verdict signal death of circumstantial evidence?, Examiner (Washington, D.C.), The; July 7, 2011; Gregory Kane

    Circumstantial Evidence Is Likely Key to Trevino Defense; in Trial Starting Monday, His Lawyer Can Argue That Someone Else Killed Kira Steger, Veteran Attorneys Say, Star Tribune (Minneapolis, MN); September 16, 2013

    The International Court of Justice’s Treatment of Circumstantial Evidence and Adverse Inferences, Chicago Journal of International Law; July 1, 2012; Scharf, Michael P. Day, Margaux

    Peterson defense will try to explain away circumstantial evidence., San Jose Mercury News (San Jose, CA); May 31, 2004

    Circumstantial Evidence Enough Even If Motive Not Established: HC, DNA : Daily News & Analysis; November 18, 2013

    Circumstantial Evidence Led to Talwars’ Conviction: Experts, Hindustan Times (New Delhi, India); November 26, 2013

    Circumstantial evidence against ex-ACA DPP not considered, court told, New Straits Times; January 16, 2003

    Circumstantial evidence, Bangor Daily News (Bangor, ME); April 3, 2002

    Circumstantial Evidence in the context of Juvenile and Family Law

    Definition ofCircumstantial Evidence, published by the National Council of Juvenile and Family Court Judges: Evidence of circumstances from which another fact may be inferred. For example, proof that a minor owned a pair of channel-lock pliers may connect the minor to a burglary in which such pliers were used to gain entry.


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