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.
Circumstantial Evidence in Foreign Legal Encyclopedias
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Circumstantial Evidence | Circumstantial Evidence in the World Legal Encyclopedia. |
Circumstantial Evidence | Circumstantial Evidence in the European Legal Encyclopedia. |
Circumstantial Evidence | Circumstantial Evidence in the Asian Legal Encyclopedia. |
Circumstantial Evidence | Circumstantial Evidence in the UK Legal Encyclopedia. |
Circumstantial Evidence | Circumstantial Evidence in the Australian Legal Encyclopedia. |
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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).
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
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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