What is the difference between a direct and circumstantial evidence in criminal defense law?
In Illinois, criminal defense law relies heavily on evidence to prove a defendant’s guilt or innocence. There is a difference between direct and circumstantial evidence. Direct evidence is evidence that is used to directly prove a defendant’s guilt or innocence. It does not need to be interpreted or require assumptions to be proven. For example, a witness testimony that they saw a person commit a crime is direct evidence that can be used by a criminal defense lawyer. Circumstantial evidence is evidence that requires interpretation and assumptions to prove a defendant’s guilt or innocence. It is indirect evidence that can point to a conclusion, but requires additional reasoning to make the connection. For example, if a witness could not identify the criminal but knew the criminal’s car, the car’s license plate, and that person’s whereabouts at the time of the crime, that could be considered circumstantial evidence. In Illinois, criminal defense lawyers must be able to distinguish between direct and circumstantial evidence when making their case. Direct evidence is usually given more weight than circumstantial evidence because it requires less assumption and interpretation, but in some cases circumstantial evidence can be used to prove a defendant’s innocence. Ultimately, it is up to the jury to decide which evidence carries the most weight in a criminal case.
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