Mens Simple
Mens Simple
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In a perfect world, can people be convicted of a crime based on circumstantial evidence?
I know that people are convicted of crimes with only circumstantial evidence regularly, but if everybody treated the law properly, would circumstantial evidence be enough to send somebody to jail for 10 years to life? I was always under the impression that circumstantial evidence = motive(<-- not the same as Mens Rea!), and therefore didn't count because we can't possibly know what's going on in a man's mind. So I guess I'm also asking a clear and simple definition of "circumstanstial evidence".
Any takers???
Generally speaking there are two types of evidence from which a jury may properly find the truth as to the facts of a case. One is direct evidence, such as the testimony of an eyewitness. The other is is indirect or circumstantial evidence, the proof of a chain of circumstances pointing to the existence OR the non-existence of certain facts. As a general rule the law makes no distinction between direct and circumstantial evidence, but simply requires the jury find the facts in accordance with the perponderance of all the evidence in the case, both direct and circumstantial. (Blacks Law) As you see, it is ALL of the evidence in a case that the finder of fact (judge or jury) . For example: Witnesses see a blonde man they all know and can identify attack his girlfriend onthe street and shoot and kill her and throw her body in his car. Direct evidence. Now take away the witnesses. Everything else is the same. The girlfriend's body is found shot with the same gun her boyfriend owns. Her blood is found in his car. She has his hair in her hand. A chain of circumstances that each can be explained. Someone stole his gun last week. She cut herself and bled in car earlier in the day. His hair must have been on her coat. The chain can be proved. It is for the finder of fact to determine (along with other evidence) if the CHAIN reaches a preponderance. (Don't confuse that term with the standard of proof required for the criminal conviction: beyond a reasonable doubt) Another source states that circumstantial
evidence in a trial which is not directly from an eyewitness or participant and requires some reasoning to prove a fact. There is a public perception that such evidence is weak ("all they have is circumstantial evidence"), but the probable conclusion from the circumstances may be so strong that there can be little doubt as to a vital facts.
Simple Swedish Folk Song - The Spooky Men's Chorale