What is the difference between a direct and circumstantial evidence in criminal defense law?

In South Carolina, criminal defense law uses two types of evidence to prove a defendant’s guilt or innocence: direct evidence and circumstantial evidence. Direct evidence is the kind that proves a fact without having to make any assumptions. This type of evidence might include eyewitness testimony, DNA evidence, or a recording of the crime. Circumstantial evidence, on the other hand, requires some amount of inference in order to prove a fact. This type of evidence is often used to suggest the defendant’s involvement even though it doesn’t directly prove guilt. For example, circumstantial evidence can include things a witness saw or heard that could be interpreted as the defendant being involved in the crime, or items of clothing the defendant was seen wearing that match the description of the criminal’s clothing. In South Carolina, criminal defense law states that direct evidence is more reliable than circumstantial evidence, and some courts may require direct evidence in order to find the defendant guilty. As such, when developing a defense, attorneys may try to find ways to discredit circumstantial evidence, or find direct evidence that proves the defendant’s innocence. Ultimately, circumstantial evidence can be used to support a defendant’s case, but only if it is backed up by solid factual evidence.

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