Evidence (law) - Circumstantial Evidence

Circumstantial Evidence

Circumstantial evidence is indirect evidence that implies the existence of the main fact in question, but does not in itself prove it. The existence of the main fact is deduced from the indirect or circumstantial evidence by a process of probable reasoning. The introduction of a defendant's fingerprints or DNA sample are examples of circumstantial evidence. The fact that a defendant had a motive to commit a crime is also circumstantial evidence. In an important sense, however, all evidence is merely circumstantial because no evidence can prove a fact in the absence of one or more inferences.

In Scots law, the rule against hearsay in civil cases was abolished by the Civil Evidence (Scotland) Act 1988 s.2. The purpose of this legislation was to promote the inclusion of all relevant pieces of evidence, and in effect reduce the number of exclusionary rules that previously had prevented the court from even considering evidence that might in fact be of value in reaching a decision.

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Famous quotes related to circumstantial evidence:

    Circumstantial evidence is a very tricky thing,’ answered Holmes thoughtfully. ‘It may seem to point very straight to one thing, but if you shift your own point of view a little, you may find it pointing in an equally uncompromising manner to something entirely different.’
    Sir Arthur Conan Doyle (1859–1930)

    Circumstantial evidence is occasionally very convincing, as when you find a trout in the milk, to quote Thoreau’s example.
    Sir Arthur Conan Doyle (1859–1930)