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
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, e ...
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
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 ...
, 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
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 jurisd ...
shoot a
victim gives direct evidence. A witness who testifies that they saw the defendant fleeing the scene of the crime, or a
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 crimin ...
expert who says that
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 a ...
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
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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 inadmiss ...
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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 ...
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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 evidenc ...
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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 ...
References
Legal terminology
Evidence law
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