The Online Asbestos, Asbestos Cancer, & Mesothelioma Authority
Circumstantial Evidence
Circumstantial evidence is a term frequently heard in television shows and films about crime, law and justice. It is actually a collection of seemingly unrelated facts from which a party to a legal proceeding can make a tentative conclusion about some aspect of the case.
Circumstantial evidence is different from direct evidence in that it is based on testimony or evidence based on observation of secondary effects, the causes of which cannot be directly proven, but are nonetheless strongly indicated.
A good example of circumstantial evidence is the presence of lipstick on the collar of a man's shirt. While there are a number of reasons why lipstick stains might be present in that location, it strongly indicates that the man was having an interaction of an intimate nature with someone wearing that lipstick. If this same man is habitually late coming home at night, that would constitute additional circumstantial evidence. Nothing here proves beyond any doubt that the man is having an affair, but the facts suggest that something is going on with someone.
On the other hand, a perfumed letter full of erotic content that was written in a feminine hand and addressed to the man in question, a photograph of the man in a compromising position with his paramour and a sworn testimony by a witness who had seen the couple in flagrante delicto would constitute direct evidence.
Many people believe that circumstantial evidence carries less weight than direct evidence. There is a certain amount of truth to this in theory, but in actual practice, many prosecutors win criminal cases based on circumstantial evidence. In addition, the evidence presented by both parties in a civil suit is often circumstantial. Unlike direct evidence, circumstantial evidence is often difficult to fabricate or suppress, and therefore can be advantageous for the party who presents it.