Criminal Law
Circumstantial evidence is used in criminal courts to establish guilt or innocence through reasoning.
With obvious exceptions (immature, incompetent, or mentally ill individuals), most criminals try to avoid generating direct evidence. Hence the prosecution usually must resort to circumstantial evidence to prove the mens rea levels of "purposely" or "knowingly." The same goes for tortfeasors in tort law, if one needs to prove a high level of mens rea to obtain punitive damages.
One example of circumstantial evidence is the behavior of a person around the time of an alleged offense. If someone was charged with theft of money and was then seen in a shopping spree purchasing expensive items, the shopping spree might be circumstantial evidence of the individual's guilt.
Read more about this topic: Circumstantial Evidence
Famous quotes containing the words criminal and/or law:
“The attorneys defending a criminal are rarely artists enough to turn the beautiful ghastliness of his deed to his advantage.”
—Friedrich Nietzsche (1844–1900)
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—Titus Livius (Livy)