
The term "smoking gun" is a reference to an object or fact that serves as conclusive
evidence
Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what J ...
of a
crime
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definiti ...
or similar act, just short of being caught ''
in flagrante delicto
''In flagrante delicto'' (Latin for "in blazing offence"), 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
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 ...
, as opposed to
direct evidence
In law, a body of facts that directly supports the truth of an assertion without intervening inference. It is often exemplified by eyewitness testimony, which consists of a witness's description of their reputed direct sensory experience of an ...
. Direct evidence would be
eyewitness testimony
Eyewitness testimony is the account a bystander or victim gives in the courtroom, describing what that person observed that occurred during the specific incident under investigation. Ideally this recollection of events is detailed; however, this is ...
of someone who saw an ''
actus reus
In criminal law, ''actus reus'' (; : ''actus rei''), Latin for "guilty act", is one of the elements normally required to prove commission of a crime in common law jurisdictions, the other being ("guilty mind"). In the United States, it is some ...
'' (the actual alleged act), while connected events (the preceding chase, etc.) are considered circumstantial.
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
Sherlock Holmes () is a Detective fiction, fictional detective created by British author Arthur Conan Doyle. Referring to himself as a "Private investigator, consulting detective" in his stories, Holmes is known for his proficiency with obser ...
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
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Burden of proof (law)
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party has 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 ...
*
Incontrovertible evidence
*
References
{{reflist
Metaphors referring to war and violence
Metaphors referring to objects
Evidence
Forensic evidence
Gun
A gun is a device that Propulsion, propels a projectile using pressure or explosive force. The projectiles are typically solid, but can also be pressurized liquid (e.g. in water guns or water cannon, cannons), or gas (e.g. light-gas gun). So ...
English phrases