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Originally posted by Jay-in-AR
reply to post by Phage
I'm sorry, I was getting upset so I stopped responding without deleting what I had said.
Originally posted by Jay-in-AR
I came here tonight to see if I could generate some interest in a topic I 'knew' was shaky in order to see if the more serious topic was worth the interest..
Originally posted by AlienCarnage
It depends upon what the lawyers would throw out as circumstantial evidence, and I have seen many court cases were the eyewitness testemony was considered just that, circumstantial, and i have seen many cases were it went the other way as well, it depends on how good the lawyers are and how they can bend the law to their own ends.
circumstantial evidence: All evidence except eyewitness testimony.
The law is clear in California and in every other jurisdiction: “Both direct evidence and circumstantial evidence are acceptable as a means of proof,” according to the standards California lays out for instructions to juries. “Neither is entitled to any greater weight than the other.” The easiest way to define “circumstantial evidence” is by what it is not — it is not evidence that comes directly from an eyewitness or a participant. With direct evidence, jurors don’t have to draw any “if-then” inferences.
In general, direct evidence is not considered to be as reliable as circumstantial evidence. Historically, eyewitnesses are poor at identifying perpetrators or remembering certain events. Therefore, their eyewitness accounts are not always credible. People have a tendency to make up events as opposed simply restating actual events like a tape recorder
circumstantial evidence n. evidence in a trial which is not directly from an eyewitness or participant and requires some reasoning to prove a fact. There is a public perception that such evidence is weak ("all they have is circumstantial evidence"), but the probable conclusion from the circumstances may be so strong that there can be little doubt as to a vital fact ("beyond a reasonable doubt" in a criminal case, and "a preponderance of the evidence" in a civil case). 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.
Originally posted by Kenan
As for "evidence"? Well, if I decide to chop my neighbour with an axe, they will find his DNA on my clothes, perhaps some peaces of flesh as well..that's evidence that I whacked him..if not, that at least I had something seriously to do with it.
That's EVIDENCE.