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Direct Evidence
Direct evidence supports the truth of an assertion (in criminal law, an assertion of guilt or of innocence) directly, i.e., without an intervening inference. A witness relates what they directly experienced, usually by sight or hearing, but also possibly through any sense including smell, touch or pain.''State v. Famber'', 214 S.W.2d 40 (Mo. 1947). Circumstantial evidence, by contrast, consists of a fact or set of facts which, if proven, will support the creation of an inference that the matter asserted is true. For example, a witness who testifies that they saw the defendant shoot a victim gives direct evidence. A witness who testifies that they saw the defendant fleeing the scene of the crime, or a forensics expert who says that ballistics proves that the defendant's gun shot the bullet that killed the victim, both give circumstantial evidence from which the defendant's guilt may be inferred. See also *Hearsay *In flagrante delicto *Smoking gun *Digital evidence In eviden ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Witness
In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know. In law a witness might be compelled to provide testimony in court, before a grand jury, before an administrative tribunal, before a deposition officer, or in a variety of other legal proceedings. A subpoena is a legal document that commands a person to appear at a proceeding. It is used to compel the testimony of a witness in a trial. Usually, it can be issued by a judge or by the lawyer representing the plaintiff or the defendant in a civil trial or by the prosecutor or the defense attorney in a criminal proceeding, or by a government agency. In many jurisdictions, it is compulsory to comply with the subpoena and either take an oath or solemnly affirm to testify truthful ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Olfaction
The sense of smell, or olfaction, is the special sense through which smells (or odors) are perceived. The sense of smell has many functions, including detecting desirable foods, hazards, and pheromones, and plays a role in taste. In humans, it occurs when an odor binds to a receptor within the nasal cavity, transmitting a signal through the olfactory system. Glomeruli aggregate signals from these receptors and transmit them to the olfactory bulb, where the sensory input will start to interact with parts of the brain responsible for smell identification, memory, and emotion. There are many different causes for alteration, lack, or disturbance to a normal sense of smell, and can include damage to the nose or smell receptors, or central problems affecting the brain. Some causes include upper respiratory infections, traumatic brain injury, and neurodegenerative disease. History of study Early scientific study of the sense of smell includes the extensive doctoral dissertat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Circumstantial Evidence
Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact—such as a fingerprint at the scene of a crime. By contrast, direct evidence supports the truth of an assertion directly—i.e., without need for any additional evidence or inference. Overview On its own, circumstantial evidence allows for more than one explanation. Different pieces of circumstantial evidence may be required, so that each corroborates the conclusions drawn from the others. Together, they may more strongly support one particular inference over another. An explanation involving circumstantial evidence becomes more likely once alternative explanations have been ruled out. Circumstantial evidence allows a trier of fact to infer that a fact exists. In criminal law, the inference is made by the trier of fact to support the truth of an assertion (of guilt or absence of guilt). Reasonable doubt is tied into circumstantial evidence as that evidence relies on inferen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. Etymology The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness. Law In the law, testimony is a form of evidence that is obtained from a witness who makes a solemn statement or declaration of fact. Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury. To be admissible in court and for maximum reliability and validity, written testimony is usually witnessed by one or more persons who swear or affirm its authenticity, also under penalty of perjury. Unless a witness is testifying as an expert witness, testimony in the form of opinions or inferences is generally limited to those opinions or inferences that are rationally based on the perceptions of the witness and are helpful to a clear understanding of the witness' testimony. Legitimate expert witnesse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crime Victim
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), '' The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forensics
Forensic science, also known as criminalistics, is the application of science to criminal and civil laws, mainly—on the criminal side—during criminal investigation, as governed by the legal standards of admissible evidence and criminal procedure. Forensic science is a broad field that includes; DNA analysis, fingerprint analysis, blood stain pattern analysis, firearms examination and ballistics, tool mark analysis, serology, toxicology, hair and fiber analysis, entomology, questioned documents, anthropology, odontology, pathology, epidemiology, footwear and tire tread analysis, drug chemistry, paint and glass analysis, digital audio video and photo analysis. Forensic scientists collect, preserve, and analyze scientific evidence during the course of an investigation. While some forensic scientists travel to the scene of the crime to collect the evidence themselves, others occupy a laboratory role, performing analysis on objects brought to them by other individuals. Sti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ballistics
Ballistics is the field of mechanics concerned with the launching, flight behaviour and impact effects of projectiles, especially ranged weapon munitions such as bullets, unguided bombs, rockets or the like; the science or art of designing and accelerating projectiles so as to achieve a desired performance. A ballistic body is a free-moving body with momentum which can be subject to forces such as the forces exerted by pressurized gases from a gun barrel or a propelling nozzle, normal force by rifling, and gravity and air drag during flight. A ballistic missile is a missile that is guided only during the relatively brief initial phase of powered flight and the trajectory is subsequently governed by the laws of classical mechanics; in contrast to (for example) a cruise missile which is aerodynamically guided in powered flight like a fixed-wing aircraft. History and prehistory The earliest known ballistic projectiles were stones and spears, and the throwing stick. Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hearsay
Hearsay evidence, in a legal forum, is testimony from an under-oath witness who is reciting an out-of-court statement, the content of which is being offered to prove the truth of the matter asserted. In most courts, hearsay evidence is inadmissible (the "hearsay evidence rule") unless an exception to the hearsay rule applies. For example, to prove that Tom was in town, a witness testifies, "Susan told me that Tom was in town." Because the witness's evidence relies on an out-of-court statement that Susan made, if Susan is unavailable for cross-examination, the answer is hearsay. A justification for the objection is that the person who made the statement is not in court and thus not available for cross-examination. Note, however, that if the matter at hand is not the truth of the assertion about Tom being in town but the fact that Susan said the specific words, it may be acceptable. For example, it would be acceptable to ask a witness what Susan told them about Tom in a defamatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Flagrante Delicto
''In flagrante delicto'' (Latin for "in blazing offence") or sometimes simply ''in flagrante'' ("in blazing") is a legal term used to indicate that a criminal has been caught in the act of committing an offence (compare ). The colloquial "caught red-handed" and "caught rapid" are English equivalents. Aside from the legal meaning, the Latin term is often used colloquially as a euphemism for someone being caught in the midst of sexual activity. Etymology The phrase combines the present active participle '' flagrāns'' (flaming or blazing) with the noun '' dēlictum'' (offence, misdeed, or crime). In this term the Latin preposition ''in'', not indicating motion, takes the ablative. The closest literal translation would be "in blazing offence", where " blazing" is a metaphor for vigorous, highly visible action. Worldwide Latin America In many Latin American countries, being caught ''in flagrante'' ( es, link=no, en flagrancia) is a common legal requirement for both detenti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Smoking Gun
The term "smoking gun" is a reference to an object or fact that serves as conclusive evidence of a crime or similar act, just short of being caught ''in flagrante delicto''. "Smoking gun" refers to the strongest kind of circumstantial evidence, as opposed to direct evidence. Direct evidence would include the entire action; i.e. the action of pulling the trigger, firing the gun, and the victim falling. Phrase origin The phrase originally came from the idea that finding a very recently fired (hence smoking) gun on the person of a suspect wanted for shooting someone would in that situation be nearly unshakable proof of having committed the crime. A variant of the phrase (as "smoking pistol") is used in the Sherlock Holmes story, " The Adventure of the Gloria Scott" (1893). Extended meaning In addition to this, its meaning has evolved in uses completely unrelated to criminal activity: for example, scientific evidence that is highly suggestive in favor of a particular hypothesis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Digital Evidence
In evidence law, digital evidence or electronic evidence is any probative information stored or transmitted in digital form that a party to a court case may use at trial. Before accepting digital evidence a court will determine if the evidence is relevant, whether it is authentic, if it is hearsay and whether a copy is acceptable or the original is required. The use of digital evidence has increased in the past few decades as courts have allowed the use of e-mails, digital photographs, ATM transaction logs, word processing documents, instant message histories, files saved from accounting programs, spreadsheets, internet browser histories, databases, the contents of computer memory, computer backups, computer printouts, Global Positioning System tracks, logs from a hotel’s electronic door locks, and digital video or audio files. Many courts in the United States have applied the Federal Rules of Evidence to digital evidence in a similar way to traditional documents, al ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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