Two primary classifications are used for evidence: circumstantial evidence ordirect evidence. Circumstantial evidence indirectly proves a fact. Fingerprint evidence is usually circumstantial. A defendant’s fingerprint at the scene of the crime directly proves that the defendant placed a finger at that location. It indirectly proves that because the defendant was present at the scene and placed a finger there, the defendant committed the crime. Common examples of circumstantial evidence are fingerprint evidence, DNA evidence, and blood evidence. Criminal cases relying on circumstantial evidence are more difficult for the prosecution because circumstantial evidence leaves room for doubt in a judge’s or juror’s mind. However, circumstantial evidence such as DNA evidence can be very reliable and compelling, so the prosecution can and often does meet the burden of proof using onlycircumstantial evidence.
Direct evidence directly proves a fact. For example, eyewitness testimony is often direct evidence. An eyewitness testifying that he or she saw the defendant commit the crime directly proves that the defendant committed the crime. Common examples of direct evidence are eyewitness testimony, a defendant’s confession, or a video or photograph of the defendant committing the crime. Criminal cases relying on direct evidence are easier to prove because there is less potential for reasonable doubt. However, direct evidence can be unreliable and is not necessarily preferable to circumstantial evidence. If an eyewitness is impeached, which means he or she loses credibility, the witness’s testimony lacks the evidentiary value of reliable circumstantial evidence such as DNA evidence.
|
Evidence |
Circumstantial |
Direct |
|
Fiber from the defendant’s coat found in a residence that has been burglarized |
Yes |
No—directly proves presenceatthe scene, not that the defendant committed burglary |
|
GPS evidence indicating the defendant drove to the burglarized residence |
Yes |
No—same explanation as fiber evidence |
|
Testimony from an eyewitness that she saw the defendant go into the backyard of the burglarized residence |
Yes |
No—could prove trespassing because it directly provespresenceatthescene, but it does not directly prove burglary |
|
Surveillance camera footage of the defendant purchasing burglar tools |
Yes |
No—does not directly prove they were used on the residence |
|
Cell phone photograph of the defendant burglarizing the residence |
No |
Yes—directly proves that the defendant committed the crime |
|
Witness testimony that the defendant confessed to burglarizing the residence |
No |
Yes—directly proves that the defendant committed the crime |
|
Pawn shop receipt found in the defendant’s pocket for items stolen from the residence |
Yes |
No—directly proves that the items were pawned, not stolen |
KEY TAKEAWAYS
- The burden of proof is a party’s obligation to prove a charge, allegation, or defense.
- The burden of production is the duty to present evidence to the trier of fact. The burden of persuasion is the duty to convince the trier of fact to a certain standard, such as preponderance of evidence or beyond a reasonable doubt.
- The civil burden of proof is preponderance of evidence, for both the plaintiff and the defendant. The criminal burden of proof for the prosecution is beyond a reasonable
doubt.
- The criminal burden of proof for the defense is generally preponderance of evidence. States vary on whether they require the criminal defendant to meet both the burden of production and persuasion or just the burden of production. Different defenses also require different burdens of proof.
- In states that require the defendant to meet only the burden of production, the prosecution must disprove the defense to a preponderance of evidence o r beyond a reasonable doubt, depending on the state and on the defense.
- An inference is a conclusion the trier of fact may make, if it chooses to. A presumption is a conclusion the trier of fact must make. A rebuttable presumption can be disproved; an irrebuttable presumption cannot.
- Circumstantial evidence indirectly proves a fact. A fingerprint at the scene of the crime, for example, indirectly proves that because the defendant was present at the scene, the defendant committed the crime. Direct evidence directly proves a fact. If the defendant confesses to a crime, for example, this is direct evidence that the defendant committed the crime.
EXERCISES
Answer the following questions. Check your answers using the answer key at the end of the chapter.
- Bria is asserting the insanity defense in her criminal prosecution for murder. In Bria’s state, defendants have the burden of production and persuasion to a preponderance of evidence when proving the insanity defense. Bria offers her own testimony that she is insane and incapable of forming criminal intent. Will Bria be successful with her defense? Why or why not?
- Read Pattersonv. NewYork, 432 U.S. 197 (1977). In Patterson, the defendant was on trial for murder. New York law reduced murder to manslaughter if the defendant proved extreme emotional disturbance to a preponderance of evidence. Did the US Supreme Court hold that it is constitutionalto put this burden on the defense, rather than forcing the prosecution to disprove extreme emotional disturbance beyond a reasonable doubt? Which part of the Constitution did the Court analyze to justify its holding? The case is available at this link: http://supreme.justia.com/us/432/197/case.html
- Read Sullivan v. Louisiana, 508 U.S. 275 (1993). In Sullivan, the jury was given a constitutionally deficient jury instruction on beyond a reasonable doubt. Did the US Supreme Court hold that this was a prejudicial error requiring reversal of the defendant’s conviction for murder? Which part of the Constitution did the Court rely on in its holding? The case is available at this link: https://scholar.google.com/scholar_case?case=1069192289025184531&hl=en&as_sdt=2002&as_vis=1
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