What is the difference between circumstantial and direct evidence?

In Delaware, evidence is used to prove a person’s guilt or innocence. Evidence can be divided into the categories of direct and circumstantial. Direct evidence is evidence that comes from a witness’s firsthand knowledge of an event or crime. This evidence includes statements from a witness who saw or experienced the crime, physical evidence such as fingerprints or DNA, and audio or visual recordings that capture the crime. Direct evidence is considered the most reliable type of evidence because it connects the crime to the defendant in a direct manner. Circumstantial evidence is evidence that is used to prove a crime indirectly. It can include circumstantial facts such as the time of day the crime occurred, the location of the crime, or the presence of a criminal motive. Circumstantial evidence can be powerful, but it must be evaluated with caution because it can be open to interpretation. In Delaware, both circumstantial and direct evidence can be used to prosecute a person for a drug crime. However, circumstantial evidence can be more difficult to prove beyond a reasonable doubt and therefore prosecutorial discretion is often applied to determine whether or not to pursue a case. Ultimately, the difference between direct and circumstantial evidence is that direct evidence is seen as more reliable and connects a crime to the defendant in a direct manner. Circumstantial evidence is less reliable and can be open to interpretation.

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