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

In criminal defense law, direct and circumstantial evidence are two types of evidence that can be used to prove a person’s guilt or innocence. Direct evidence requires no inference to establish the truth of a matter. It may include eyewitness testimonies, confessions, DNA evidence, audio or video recordings, or physical evidence. Circumstantial evidence, on the other hand, does not directly prove the facts at issue, but suggests it may be likely. For example, a witness may testify that they heard a loud bang in the middle of the night and saw a suspicious figure near the crime scene. This could be circumstantial evidence that someone committed a crime. The major difference between direct and circumstantial evidence is that direct evidence is more reliable and has a more convincing impact on a jury. The things said or done can be easily taken as fact with direct evidence. However, circumstantial evidence relies on the drawing of conclusions from facts, and may be open to interpretation or argument by the defense. In South Dakota, both types of evidence are permissible in criminal proceedings, although circumstantial evidence must meet certain requirements before it can be considered in a case. Generally, both direct and circumstantial evidence can be used to prove the elements of a crime, but the defendant’s innocence or guilt must be proven beyond a reasonable doubt.

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

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