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Circumstantial evidence is indirect evidence that strongly suggests a fact but does not fully prove it. Examples include threatening comments, differential treatment before a crime, suspect behavior after a crime, eyewitness accounts, and forensic evidence. Corroborating evidence is often needed to secure a conviction.
Circumstantial evidence is sometimes referred to as indirect evidence. This evidence often strongly suggests a certain fact, but does not fully prove it. Like direct evidence, there are different types of circumstantial evidence. Threatening comments and differential treatment before a crime is usually considered circumstantial evidence, along with a suspect’s behavior after a crime. Additionally, witnesses and forensic evidence are also sometimes considered circumstantial.
Discriminatory or threatening comments made towards an individual before a crime is committed are a common type of circumstantial evidence. This can include things like defamatory comments or threats aimed at the victim or a third party. An individual who said he wanted to kill a person just a week before that person’s murder, for example, might be the detectives’ number one suspect. Merely pronouncing these words, however, does not prove that he killed the victim. This evidence is circumstantial, since these words may have simply been spoken in anger, with no intention of actually following through.
Another type of circumstantial evidence involves how a victim was treated prior to a crime. An individual who treated an assault victim poorly, for example, may be investigated by the police. Even a person who appeared to be obsessed or stalked by a woman could be investigated for rape. While these individuals treated victims differently than other people, this evidence is considered circumstantial.
How a particular individual, or suspect, acts after a crime has been committed is another example of circumstantial evidence. A good example of this is the individual who spends an unusually large amount of money after a robbery. Another example involves a suspect who seems overly nervous while being interrogated after a murder. This evidence is circumstantial, since he may be nervous because he committed the crime, but he may also be nervous simply because he is being questioned about a heinous crime.
Eyewitness accounts are sometimes also considered circumstantial evidence. A witness who sees a suspect standing over a victim with a murder weapon, even if seemingly overwhelming evidence, is considered circumstantial evidence, for example. The suspect may have simply stumbled upon the scene and accidentally picked up the weapon. Often corroborating evidence, such as another witness who saw him commit the crime, would be needed to secure a conviction.
While many people believe that forensic evidence is direct evidence, it is often considered circumstantial evidence. Blood work, DNA analysis and fingerprinting can be useful in catching the perpetrator of the crime. However, it often needs other supporting evidence to back it up.
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