#circumstantial evidence

[wallacepolsom]

Wallace Polsom, Life During Wartime: Circumstantial Evidence (03 Jan 2023), paper collage, 19.5 x 26.6 cm.

[tarragonblack1235813213455]

CRIMINAL JUSTICE

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PARALEGAL

TYPE OF EVIDENCE USED IN COURT

1. ADMISSIBLE EVIDENCE

Admissible evidence is a type of evidence that a judge will allow a lawyer to present in court. A judge will determine admissibility based on relevance, authenticity and value. Admissible evidence is factual as it will pertain to a specific case and possesses a value that will exceed other considerations, such as bias or shock value. Legal teams discover before a trial will begin whether the judge approved any evidence they submitted.

EXAMPLE

A recorded confession by the defendant that was given freely and voluntarily without compulsion or inducement. As such, it was not the product of physical or psychological coercion that did overcome the will of the present individual to resist.

2. INADMISSIBLE EVIDENCE

Inadmissible evidence is evidence that a lawyer can't present to the jury. Evidence that a judge would consider inadmissible include hearsay, prejudicial, improperly obtained, or irrelevant items. For example, an investigator could use a polygraph test to determine whether a person is lying about the events of a case. The results often qualify as inadmissible because they work by measuring a person's level of anxiety. If a person does experience anxiety for another reason or that person is able to remain calm under pressure, then the test can produce an inaccurate overall result.

EXAMPLE

A polygraph test

3. DIRECT EVIDENCE

Direct evidence is a general term for any type of evidence that will link a defendant directly to a crime. This type of evidence is typically easy to understand for a jury. For instance, if a jury could watch a video of the defendant committing a crime, it would usually require no further examination or testing to determine its accuracy.

EXAMPLE

A defendant's fingerprint was lifted from a weapon used to commit the crime; it was, additionally, properly gathered at the scene. The change of custody was maintained during the entire process in order to be presented in court.

4. CIRCUMSTANTIAL EVIDENCE

Circumstantial evidence describes information that doesn't directly connect a defendant to a crime but rather implies a connection exists. These examples don't directly prove that a defendant is guilty, but they provide background or context to a crime. Attorneys often rely on circumstantial evidence if direct evidence isn't available or to compile a timeline of a crime.

EXAMPLE

○An eyewitness account stated that the defendant was near a crime around the specified hour and minute, which it occurred.

○A fingerprint at the scene of a crime taken from a location where the defendant would be present anyway, such as at their home or workplace.

○A witness claimed that the defendant threatened or talked about committing the crime before it occurred.

5. STATISTICAL EVIDENCE

Statistical evidence will refer to numerical data used to prove or disprove guilt in a jury trial. A judge will typically only allow certain statistics in court. A statistic will usually determine that legal teams will introduce a statistic resulting from a scientific research project that could deny a less reliable method such as a poll. A statistic will usually establish possibilities or correlations, so each member of a jury may consider a particular statistic's connection to a crime differently.

6. REAL EVIDENCE

Real evidence, also known as physical evidence, is a material object with a connection to the defendant's potential role in a crime. There are two types of physical evidence. Individual physical evidence that will involve pieces that are unique to a person, such as DNA or fingerprints. Class physical evidence relates to a certain segment of the population, which may help professionals narrow down a list of suspects. An example of class physical evidence include blood type, tire tread and weapon manufacturers.

7. PRIMA FACIE EVIDENCE

Prima facie evidence, sometimes called presumptive evidence, uses other types of evidence gathered from a crime scene to make a plausible assumption. A rebuttal from an opposing legal team can later determine prima facie evidence to be inaccurate. For example, if a prosecutor concludes a person is deceased because of the defendant's alleged crimes, the defense team may counter this prima facie evidence by introducing doubt about the connection between the victim and the crime.

8. DEMONSTRATIVE EVIDENCE

Demonstrative evidence is information that legal teams present to a jury through visual aids, such as charts or diagrams. It will typically include the presentation of physical evidence, such as clothing from a crime scene that may connect the defendant to a crime. This type of evidence can help a jury better understand a lawyer's argument about the alleged behaviors of the defendant.

9. DOCUMENTARY EVIDENCE

Documentary evidence includes any type of written, verbal or visual recordings. In most cases, it refers to paper documents, such as handwritten notes or letters. Photographs, audio recordings and video also make up documentary evidence, which legal teams use to prove the validity of facts in a case.

10. IMPRESSION EVIDENCE

Impression evidence refers to imprints left in the material found at a crime scene that may link a defendant to a crime. Forensics experts handle impression evidence carefully because it may deteriorate or wash away easily. They often create molds of the evidence to preserve them for use during an investigation. Attorneys may present impression evidence to a jury if it's relevant and can affect the outcome of a case. An example of impression evidence could include:

○A footprint in the dirt around a victim's home

○A hole or crack in walls caused by the blunt force of an object

○A tire track in the sand near a crime scene

11. TESTIMONIAL EVIDENCE

Testimonial evidence is information provided by a witness who responds to questions from one or both legal teams under oath. Attorneys from the prosecution and the defense present witnesses, and they often answer questions from attorneys on both sides. Direct examination occurs when witnesses respond to questions from the attorney who presented them. Cross-examination occurs when they respond to questions from the opposing legal team.

12. CHARACTER EVIDENCE

Character evidence is information that attempts to portray the defendant in a positive or negative way. A common type of character evidence is testimony from a witness who knows the defendant and can attest to their typical behavior. Lawyers usually use character evidence to prove a defendant's motive in a case.

13. HABIT EVIDENCE

Legal teams use habit evidence to highlight a defendant's consistent actions during specific circumstances. For example, a lawyer may argue that their client accused of committing a crime at a college library at 3 p.m. on a Tuesday met with a study group at 3 p.m. every Tuesday in a different location on campus. Therefore, the defendant was not at the scene of the crime when it occurred. Unlike presumptive evidence, which considers a defendant's unfavorable behavior in the past, habit evidence is admissible in court.

14. HEARSAY EVIDENCE

Hearsay evidence is information provided outside of a court setting to someone involved in the trial. In most cases, judges don't allow hearsay evidence because the attorney for an opposing law team doesn't have an opportunity to cross-examine the person who provided the information. Some jurisdictions allow it under certain circumstances. Examples of hearsay that a judge may permit include witness admissions that don't benefit the witness by sharing them or statements people make shortly before their expected passing.

15. FORENSIC EVIDENCE

Forensic evidence, or scientific evidence, is an essential form of evidence in a jury trial. It often introduces indisputable facts that investigators and forensic professionals prove using scientific methods. Forensic evidence primarily refers to genetic information, such as DNA and fingerprints. It also may include evidence proven by physics and other forms of science, such as ballistics. Its reliability makes it an important factor in whether juries decide to convict or exonerate a defendant in criminal cases.

16. TRACE EVIDENCE

Trace evidence includes tiny pieces of physical matter that transfer onto a surface when someone commits a crime. Trace evidence can help investigators examine a crime scene thoroughly and develop connections to suspects. It's typically admissible in court, so legal teams often present it to juries to help them understand certain events that occurred in the case. Examples of this may include:

○Gunshot residue

○Hair

○Fibers

○Dirt

○Paint

○Pollen

17. EXPERT WITNESS EVIDENCE

Expert witness evidence is similar to eyewitness testimony because it involves an individual's verbal statements provided under oath. Instead of asking questions to someone who witnessed a crime, lawyers recruit experts in their field to answer questions related to a particular case. For example, a doctor may serve as an expert witness in a murder case because they can confirm facts or disprove theories about how a victim's injuries occurred.

18. EXCULPATORY EVIDENCE

Exculpatory evidence is any evidence that might exonerate the defendant. Defense teams often present exculpatory evidence to juries to introduce reasonable doubt or to justify or excuse a defendant's actions. The Brady Rule, first introduced in 1963, establishes that prosecutors have a responsibility by law to disclose any exculpatory evidence they find to the jury.

19. DIGITAL EVIDENCE

Digital evidence is evidence stored in binary form on computers, mobile phones and other types of electronic devices. This type of evidence has become increasingly more common as technology advances, and attorneys often use it in court. Common forms of digital evidence include text messages, emails and GPS data.

20. CORROBORATING EVIDENCE

Lawyers use corroborating evidence to confirm or authenticate other types of evidence presented in court. In most cases, it adds credibility to witness testimony. Types of corroborating evidence include medical records, court documents, signed affidavits and written statements sworn under oath.

21. INSUFFICIENT EVIDENCE

Insufficient evidence is a lack of evidence, which can cause the dismissal of a case. When law enforcement professionals arrest a suspect and charge them, the prosecution team will then carry the burden of proof. This means they have a duty to explain to the judge why they believe they have a case against the defendant. If the judge doesn't find the information sufficient to warrant an arrest, they may release the defendant and drop the case.

[whats-in-a-sentence]

More recently, the discoveries of Glashow, Salam, and Weinberg showed that electromagnetism and the weak nuclear force are two manifestations of a single force – the electroweak force – and there is even tentative, circumstantial evidence that the strong nuclear force may join the electroweak force in a yet grander synthesis.¹

1. The circumstantial evidence I have in mind here relies on the fact that the strengths of all three nongravitational forces depend on the energy and temperature of the environment in which the forces act. At low energies and temperatures, such as those of our everyday environment, the strengths of all three forces are different. But there is indirect theoretical and experimental evidence that at very high temperatures, such as occurred in the earliest moments of the universe, the strengths of all three forces converge, indicating, albeit indirectly, that all three forces themselves may fundamentally be unified, and appear distinct only at low energies and temperatures.

"The Fabric of the Cosmos" - Brian Greene

[lilithsaintcrow]

"...the man living in what had been the Shaw apartment was doing some light repair work in the room where Catherine had died. While doing so, he discovered a folded paper that had become wedged into a small cavity on the side of the chimney."

[borbzaby]

I don’t think it’s fair how absolutely almost nobody is talking about how Sharktopus + Heaven = God in Infinite Craft

Sharktopus is everything. Love and life.

[dc-probate-attorney]

Proving Undue Influence

The Gormley Law Office is pleased to present this estate litigation series. We represent people every day in Washington DC and in Maryland in probate matters and estate litigation. Contact us today! We are frequently asked to represent heirs to an estate that believe they have been shortchanged in a family member’s estate because of interference by another family member or an outsider. Often,…

[houston-dwi-lawyer]

Can Circumstantial Evidence Support A Texas DWI Conviction?

Julian Kuciemba v. The State of Texas, is an important DWI appellate case to take note of. In this case, Kuciemba was found behind the steering wheel, injured and intoxicated, at the scene of a one-car rollover accident with a blood-alcohol level of more than twice the legal limit. The First District Court of Appeals found the evidence insufficient to show that Kuciemba was intoxicated at the…

[jwgh]

Circumstantial Evidence 11 year anniversary

My album 'Circumstantial Evidence' came out 11 years ago! Here are a few songs from it:

'Relatively Human', inspired by those times when you feel pretty crummy the morning after staying out late, but you don't feel nearly as bad as you should, and it feels like victory.

Bandcamp: https://jacobhaller.bandcamp.com/track/relatively-human Spotify: https://open.spotify.com/track/6dVHwmE5ZVWdvZOfEx6F92?si=212f036fa81c4fbd

'The Ballad of Anne Hutchinson', about the trial of Anne Hutchinson, who became one of the founders of Rhode Island after being exiled from Massachusetts by the Puritans. An upbeat, rocking song about a 400-year-old theological debate.

Bandcamp: https://jacobhaller.bandcamp.com/track/the-ballad-of-anne-hutchinson Spotify: https://open.spotify.com/track/5wDaFZlUz0T8XMtnl44tYY?si=ec11c73f38984ad4

'Dear Santa', a gentle Christmas song about killer robots.

Bandcamp: https://jacobhaller.bandcamp.com/track/dear-santa Spotify: https://open.spotify.com/track/4iWt2pheO4DF5Xam6tUrkm?si=a6137e3ef931432f

'Avocados & Beer', a song about a failed relationship symbolized by food, featuring accordion and tuba. A favorite song of my mother's.

Bandcamp: https://jacobhaller.bandcamp.com/track/avocados-beer Spotify: https://open.spotify.com/track/6n8YxWPOcZtyiv4Ek9R5x1?si=d863b114b624468e

'Mistreating Yarn Blues', a slide guitar song about yarn store misbehavior.

Bandcamp: https://jacobhaller.bandcamp.com/track/mistreating-yarn-blues Spotify: https://open.spotify.com/track/26m6fqNjPLTuYbYpmATJmZ?si=58a2068f50a84f14

'Soft Spot' starts out as a love song, and actually I guess it ends as a love song too. I used to sing it in a more jokey way, but my friend Chris Monti told me it worked better when sung seriously, which I think is correct.

Bandcamp: https://jacobhaller.bandcamp.com/track/soft-spot Spotify: https://open.spotify.com/track/4ZbXCczaB0bL9aZWWvNLcD?si=29765b30d5294441

[marzipanandminutiae]

I don't know if Lizzie Borden did or didn't Do It, but what matters more is what she did afterwards:

moved to a grand house with her sister and had intense, Ambiguously Gay friendships with actresses until her death at age 66

there's a terrible slasher film called Lizzie Borden's Revenge and I'm like. revenge for WHAT. what about the entire rest of her life could possibly leave her feeling in need of vengeance. barring local notoriety and the emotional toll thereof, the rest of her life was excellent

[so-much-for-subtlety]

I probably shouldn’t trust ChatGPT with math but this sounds right (?) but I guess my dick sucking might not be an example of random events and there may be some strong selection bias occurring.

BRAZIL STRONG

[egophiliac]

Have you heard of the "Crowley is Malleus' dad" theory going around? Where Prince Levan (or whatever his name is) didn't actually die and just went out to get some milk and is now known as Dire Crowley, the silly man? The implications of that theory is absolutely hilarious when you think about it

hold on, we can figure this out, we just need LISTS

PROS THAT CROWLEY IS SECRETLY REVAAN/LEVAN/LAVERNE/WHATEVER:

unspecified fae of some kind, with similar coloring to Mal

the animal masks are apparently a Briar Valley thing

has some kind of big blackmailable secret that was alluded to in episode 4, and then as far as I know never brought up again

(unless this was just Azul bullshitting, which is extremely possible)

based on Diablo, which...maybe means something?

has canonically worn Dad Shorts

CONS:

(gestures to Crowley's entire personality)

NO LISTEN Revaan was the guy they sent off on diplomatic missions and to take care of delicate political situations, and...look, I love this dweeb, but would you trust Crowley to be in charge of negotiating your war treaties

despite my brain insisting on reading his name as "Raven", Revaan's title does imply that he was also a dragon (or super into longan berries, I'm not ruling that out)

currently unclear why Lilia "my closest friend Revaan...he is no longer with us...I used to make fun of him for being kind of a priss about eating jerky..." Vanrouge has somehow not noticed or said anything

Malleus' Aloof Anime ~Aristocrat~ vibe had to come from somewhere, and by all accounts it was NOT his mom's side of the family

???:

turns into a bird in the opening, I don't know if that means anything but it's kinda cool, I guess

all that aside, if Malleus and Yuu are any indication, then the Draconias have...questionable taste in their social choices. so anything is possible!

[pirateprincessjess]

I found some very compelling evidence that indicates that JK Rowling may have secretly written Argylle

[astralleywright]

i have a lot of thoughts about orym's character arc, seemingly resolved as it is, but most of them are really just my disappointment that the process felt so thoroughly disconnected from anyone in bh, except a little bit dorian at the very end. especially given that grief and self-sacrifice bordering on passive suicidal ideation are major parts of like. the majority of their characters.

[stripedstarsblueflags]

i didn't win the wheel: episode 9 (pt. 1)

why did williams have to choose the freakiest content setup for the time in the season when their drivers' mental health is going to be at its lowest (so far)? seriously, this could’ve been GOLD. instead we’ve got some sad and understated praise kink and a lot of vegetables. anyway. to elaborate:

Logan: “What’s up, everyone… this is what’s-that-crunch… wheel-or-no-wheel. What we’re exactly doing here I’m not sure–”

yeah, exactly what i meant. ever see someone look that disengaged with a blindfold on? you have now. and oh god this image is a punch in the gut. the symbolism in this particular frame GAGS ME. logan is completely blindfolded, painfully and poorly delivering an unoriginal script that clearly has been fed to him seconds before the camera turns on. alex, on the other hand, is lifting his blindfold up, looking around, taking in logan and the room around them and the camera crew… honestly, you gotta feel for the williams pr team, because in this instance they’ve accidentally shown us what it’s like to have one of their drivers restricted by their device and yet forced to lead anyway while the other is dealing with a similar obstacle while being allowed and encouraged to overcome it. genuinely a coincidence but such a flop. thank god none of the fans who watch this are analytical hyperreactive overachievers who look into every single aspect of these videos with merciless scrutiny and rainbow-colored glasses, right?

omg how did i just now notice that under that stupid skinny ass table both their legs are almost touching except alex is a giraffe so he has to keep his giraffe ankles tucked awkwardly back closer to the chair legs so he’s not taking up logan’s space but he still wants to have horrible posture so he’s a half-folded lawn chair wtfffffff this is too cute!!

Logan (still doing the intro)(still confusedly): “But you know whoever wins… gets to spin tha’ wheel.”

THANK YOU, LOGAN SARGEANT. this is what i meant about blindfolds 🤝 freak content, except usually when we have other teams do this there’s usually a pretty big goofball element to it (even charlos always brings goofball to the kink). this tiny snippet on the other hand looks suspiciously like he’s doing it on purpose. just looking at the gif doesn’t begin to cover it, even to my own eyes it looks like i’m reading too much into it paired with the visual alone but it’s all in the tone of voice. i REALLY recommend rewatching this episode because there’s no way i can do it justice in just words. the closest i can get to is my favorite word to use when someone’s voice is being sexy which is ‘lilt’. like there’s no seduction or husk or anything obviously intentional like that it’s more like you can just hear the slow arrogance in their voice. the way the pitch fluctuations almost singsong like just on the edge of a taunt no matter what the actual words are saying. it’s how people say i’ve got you right where i want you.

and also. THE VISUAL?? IS STILL A THING?? logan is blindfolded since the start of the video, so until this point he’s just been facing some meaningless direction because, duh, he can’t actually see. he doesn’t even make much of an effort to face the camera as he’s introducing the show even though he obviously remembers where it is. but the shift. the turning to the camera for just a split second and his deadpan expression flickering into a lazy smirk and his voice gets ✨like that✨ and here we go game show hosts and their attraction to inanimate objects but by the time he gets to “that wheel” (tha’ wheel) he’s turning right back to alex. who at this point is probably also blindfolded. and can’t see logan. and even if he isn’t and is still fidgeting logan doesn’t know that because LOGAN CAN’T SEE SHIT. but he remembers the bit alex likes and instead of just repeating the same old same old (which we know alex will laugh at no matter how many times) he makes this tiny adjustment in just the body language and the tone of voice alone and now we’ve transitioned from him flirting with the wheel to him flirting with alex. fuck. this is episode four and episode one territory why does depression get in the way of everything

Alex: *celery noises*

Logan: “….can you take another bite?”

[both laugh]

what is this challenge like– oh my god i can’t take it any seriously than they can. first of all the ASMR mic-ed up crunching? major ick, we all know what celery sounds like, we don’t need Celery (Alex’s Version). but it’s so unbearably awkward that it ends up being hilarious anyway. logan having no idea how to ask that question (because what kind of question is “can you take another bite so i can intently listen to it with my head leaned towards your face and my eyes covered”) but at the very least it helps them bring some warmth into the activity. up to this point (with flirtatious logan appearance being a notable exception) they’ve seemed very… isolated. logan’s entire vibe is “why did you wake me up for this” at 3 pm and alex is left without 1) an interesting sport or task he actually wants to do AND 2) logan to help him stay present, cause logan is entirely matching alex’s “how long do i have to be here” energy and when they plateau like this the awkwardness becomes nauseating. until finally the game itself is so stupid that they can’t play it without laughing at the activity and themselves and even when he’s looking down logan’s smile is such a relief to see

also, alex staring intently at logan and leaning all the way over and chewing with his mouth open and trying to be as helpful as possible even while logan’s mind is entirely tv static. adorable. so often alex forgets to treat these challenges as a competition and instead to him it’s like a group activity, a puzzle they have to work together to solve like mice in a maze or smth because it’s not fun for him if logan’s losing

Alex: *pepper noises*

Logan: “A bit softer…”

Alex: “Mm. Good.”

Logan: “…one more.”

ooooh okay i like that a lot better. so the first try (celery) was a flop; already in this second item we see some changes. because what did i say alex has way more fun when this is a little puzzle they have to solve together rather than them both trying to stump the other. remember lewis looking up “most difficult words to lip-read” in that noise cancelling headphone thing against george? alex brings a very different energy. i can’t believe i’m analyzing chewing techniques now but from the very first bite he’s ending his sentence early, swallowing, leaning closer, the concentration is evident on his face with how clear he’s trying to make this crunch sound. and then logan starts talking out loud, trying to narrate his thought process basically, but not trying to trick anyone into giving him a hint– it’s sort of like on grill the grid when he thinks out loud not to entice a clue but to prove “hey, i’m thinking! i’m putting effort into this! i’m actually trying i just don’t know the answer please don’t think i’m stupid” and alex– who at this point is supposed to be competing, how many times do i have to remind– is audibly encouraging him. only leans back when he can tell logan’s on the right track (sort of).

and that in turn– just the word ‘good’ is an evident confidence boost for logan. it doesn’t take a lot to get him to turn around, alex doesn’t have to worry about being patronizing or sounding like he’s trying too hard but the fact that alex is observing how he’s doing in the first place and noticing when he improves/gets something right even in a game is enough. and so the next time logan asks for a repeat it’s not a really awkward sentence, it’s not “i’m gonna say this in a goofy voice because i’m so uncomfortable asking this that i have to make this funny because otherwise the embarrassment is going to kill both of us” it’s a command. like god shivers down my spine. and alex doesn’t laugh either he just takes another bite good boy because this is how he prefers to play the game! together!

still didn’t guess the pepper but moving on!

ok this is just adorable. alex what were you doing

didn’t set out for this to be a two-parter (maybe more???) but whenever there’s a blindfold the body language goes CRAZY to overcompensate and there’s always so much more to analyze! so breaking this down for now!

[turian]

basically my take of the night is "i think boone's own bigotry was probably a strong factor in him quickly turning on manny the moment shit went bad instead of actually trusting him at all and understanding that manny just did not like carla, because sometimes you don't like people"

[theriu]

Sometimes people criticize popular media because there are actual things that may be bad or need addressing, and sometimes people criticize popular media because they have a personal grudge against either the media or the creator of said media and just want to have something to be angry about. And it’s important to analyze our own motivations each time to make sure we haven’t slipped into the second one, which isn’t healthy for anyone involved.