Direct evidence

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.[1] Circumstantial evidence, by contrast, directly supports the truth of evidence, from which the truth of the assertion may be inferred.

For example: a witness who testifies that he saw the defendant shoot the victim gives direct evidence. A witness who testifies that he 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 defendants’s guilt may be inferred.

In direct evidence a witness relates what he or she directly experienced. (Usually the experience is by sight or hearing, though it may come though any sense, including touch or pain. State v Famber, 358 Mo 288, 214 SW2d 40.)

References

  1. ^ Jonathan Law, Elizabeth A. Martin (2009). "A Dictionary of Law". Oxford University Press. http://www.oxfordreference.com/views/ENTRY.html?subview=Main&entry=t49.e1136. Retrieved 20 September 2010. 



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Look at other dictionaries:

  • direct evidence — see evidence Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. direct evidence n …   Law dictionary

  • Direct evidence — Direct Di*rect , a. [L. directus, p. p. of dirigere to direct: cf. F. direct. See {Dress}, and cf. {Dirge}.] 1. Straight; not crooked, oblique, or circuitous; leading by the short or shortest way to a point or end; as, a direct line; direct means …   The Collaborative International Dictionary of English

  • direct evidence — Evidence in form of testimony from a witness who actually saw, heard or touched the subject of questioning. State v. Baker, 249 Or. 549, 438 P.2d 978, 980. Evidence, which if believed, proves existence of fact in issue without inference or… …   Black's law dictionary

  • direct evidence — Evidence in form of testimony from a witness who actually saw, heard or touched the subject of questioning. State v. Baker, 249 Or. 549, 438 P.2d 978, 980. Evidence, which if believed, proves existence of fact in issue without inference or… …   Black's law dictionary

  • direct evidence — noun evidence (usually the testimony of a witness) directly related to the fact in dispute (Freq. 1) • Ant: ↑circumstantial evidence • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑evidence * * * …   Useful english dictionary

  • direct evidence — evidence of a witness who testifies to the truth of the fact to be proved (contrasted with circumstantial evidence). * * * …   Universalium

  • direct evidence — /dəˌrɛkt ˈɛvədəns/ (say duh.rekt evuhduhns) noun evidence of a witness who testifies to the truth of the fact to be proved, having perceived it at first hand. Compare circumstantial evidence …  

  • direct evidence — Proof which speaks directly to the issue, requiring no support by other evidence; proof in testimony out of the witness own knowledge, as distinguished from evidence of circumstances from which inferences must be drawn if it is to have probative… …   Ballentine's law dictionary

  • direct evidence — testimony of a witness concerning the fact to be proved (as opposed to circumstantial evidence) …   English contemporary dictionary

  • evidence — ev·i·dence 1 / e və dəns, ˌdens/ n [Medieval Latin evidentia, from Latin, that which is obvious, from evident evidens clear, obvious, from e out of, from + videns, present participle of videre to see]: something that furnishes or tends to furnish …   Law dictionary

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