What is the difference between a direct and circumstantial evidence in criminal defense law?
In criminal defense law, direct evidence is evidence that directly proves a fact, while circumstantial evidence is evidence that implies a fact. Direct evidence is typically used in a criminal case to establish the elements of the offense and to show that a defendant committed the crime. This could include testimony from eyewitnesses, statements from suspects, or physical evidence such as fingerprints, DNA, or video recordings. Circumstantial evidence, on the other hand, does not directly show that the defendant committed a crime. Instead, it provides indirect evidence that suggests a certain conclusion. Examples of circumstantial evidence include expert testimony, circumstantial evidence such as a weapon found near the crime scene, or evidence that shows the defendant had access to the crime scene. In Maryland, both types of evidence are admissible in criminal defense cases. However, circumstantial evidence must also be corroborated by other evidence in order to sustain a conviction. For example, if two people testify that the defendant was present at the scene of the crime, yet no fingerprints or other physical evidence has been found to corroborate the testimony, the judge could determine that the circumstantial evidence alone is insufficient to prove that the defendant committed the crime.
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