What is the difference between direct and circumstantial evidence?

Direct evidence is evidence presented in court that is based on what a witness has seen, heard, tasted, smelled, or felt. It is evidence that is gathered in a direct way and is presented in court without any reliance on inference or conjecture. Examples of direct evidence include eyewitness testimony, confessions, fingerprints, and DNA. Circumstantial evidence, on the other hand, is evidence based on an inference or conjecture. It is a type of indirect evidence that must be analyzed to draw conclusions as to what actually happened. Instead of relying on a witness’s observation, circumstantial evidence relies on evidence that suggests or implies that a certain event occurred, but there is no direct proof of it. Examples of circumstantial evidence include: physical objects, suspicious behavior, and prior criminal behavior. In California court, direct evidence is considered more reliable than circumstantial evidence, and it is generally the preferred form of evidence. This is because the court can more easily determine the reliability of direct evidence, as it is more straightforward than circumstantial evidence. The court can cross-examine a witness who has provided direct evidence, whereas with circumstantial evidence, it can be difficult to determine its reliability as it relies on inference and conjecture.

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