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The term "smoking gun" is a reference to an object or fact that serves as conclusive evidence of a
The term "smoking gun" is a reference to an object or fact that serves as conclusive evidence of a crime
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 Ca ...
or similar act, just short of being caught ''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 ...
''. "Smoking gun" refers to the strongest kind of circumstantial evidence, as opposed to 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 p ...
. 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 is sometimes called "smoking gun evidence".See also
*Legal burden of proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts ...
*
References
{{reflist Metaphors referring to war and violence Metaphors referring to objects Evidence Forensic evidenceGun
A gun is a ranged weapon designed to use a shooting tube (gun barrel) to launch projectiles. The projectiles are typically solid, but can also be pressurized liquid (e.g. in water guns/cannons, spray guns for painting or pressure washing, p ...
English phrases