Direct evidence
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| - | '''Evidence''' is and includes everything that is used to [[reveal]] and determine the [[truth]], and therefore is presumed to be true and related to a case. Giving or procuring evidence is the process of using those things that are either (a) presumed to be true, or (b) were in fact proven to be true by earlier evidence (truths) and demonstrates the broadening of the truth of a case. And the collection of evidence is in fact the act of ''determining''; ''what is evidence''. Whereas, the word evidence carries with it the presumption of it (the evidence) ''being seen as true'', the where and how it fits; its relationship in and to the other evidence. In short, it goes from ''determining what is evidence'', to ''evidence is determined''; determining truth, to truth determined. | + | '''Direct evidence''' supports the truth of an assertion (in criminal law, an assertion of guilt or of innocence) directly, i.e., without an intervening inference. [[Circumstantial evidence]], by contrast, consists of a fact or set of facts which, if proven, will support the creation of an inference that the matter asserted is true. |
| - | Evidence is the currency by which one fulfills the [[Legal burden of proof|burden of proof]]. | + | |
| - | Many issues surround evidence, making it the subject of much discussion and disagreement. In addition to its subtlety, evidence plays an important role in many academic disciplines, including [[Scientific evidence|science]] and [[evidence (law)|law]], adding to the discourse surrounding it. | + | For example: a [[witness]] who [[testimony|testifies]] that he saw the [[defendant]] shoot the [[crime victim|victim]] gives direct evidence. A witness who testifies that he saw the defendant fleeing the scene of the crime, or a [[forensics]] expert who says that ballistics proves that the defendant’s gun shot the bullet that killed the victim both give circumstantial evidence from which the defendant’s guilt may be inferred. |
| - | An important distinction in the field of evidence is that between | + | In direct evidence a witness relates what he or she directly experienced. (Usually the experience is by sight or hearing, though it may come through any sense, including [smell,] touch or pain. ''State v Famber'', 358 Mo 288, 214 SW2d 40.) |
| - | [[circumstantial evidence]] and [[direct evidence]], or evidence that suggests truth as opposed to evidence that directly proves truth. Many have seen this line to be less-than-clear and significant arguments have arisen over the difference. | + | |
| - | ==Types of evidence== | + | |
| - | *[[Personal experience]] | + | |
| - | *[[Scientific evidence]] | + | |
| - | *[[Testimony|Testimonial]] | + | |
| - | *[[Physical evidence]] | + | |
| - | *[[Trace evidence]] | + | |
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| - | ==See also== | + | |
| - | *[[Argument]] | + | |
| - | *[[Belief]] | + | |
| - | *[[Empiricism]] | + | |
| - | *[[Falsifiability]] | + | |
| - | *[[Logical positivism]] | + | |
| - | *[[Mathematical proof]] | + | |
| - | *[[Proof (truth)]] | + | |
| - | *[[Reason]] | + | |
| - | *[[Skepticism]] | + | |
| - | *[[Theory of justification]] | + | |
| - | *[[Validity]] | + | |
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Direct evidence supports the truth of an assertion (in criminal law, an assertion of guilt or of innocence) directly, i.e., without an intervening inference. Circumstantial evidence, by contrast, consists of a fact or set of facts which, if proven, will support the creation of an inference that the matter asserted is true.
For example: a witness who testifies that he saw the defendant shoot the victim gives direct evidence. A witness who testifies that he saw the defendant fleeing the scene of the crime, or a forensics expert who says that ballistics proves that the defendant’s gun shot the bullet that killed the victim both give circumstantial evidence from which the defendant’s guilt may be inferred.
In direct evidence a witness relates what he or she directly experienced. (Usually the experience is by sight or hearing, though it may come through any sense, including [smell,] touch or pain. State v Famber, 358 Mo 288, 214 SW2d 40.)
