We’ve solely completed the primary month of 2021 and we’ve already had our first main snow storm in Pennsylvania and Auckland. There are nonetheless loads of weeks of winter and the snow reminds of me instance which is commonly utilized in legislation faculty and in courtrooms to clarify the idea of circumstantial proof—footprints within the snow
What’s Circumstantial Proof?
Circumstantial proof is a vital idea in felony defense and sometimes one which clients fail to know. Some clients truly get livid when lawyers attempt to clarify it! Some of the widespread complaints that we obtain from clients is that their felony case needs to be thrown out or dismissed due to inadequate proof. Many individuals assume that the prosecution wants to supply an eyewitness to show costs past an affordable doubt—WRONG! The footprints within the snow instance is sweet technique to clarify how the dearth of an eyewitness, doesn’t essentially imply that an occasion didn’t happen or a crimes wasn’t dedicated. The instance that’s usually used is that on a selected night you go to mattress whereas it was snowing. Whenever you wake, there was snow on the bottom and footprints throughout your garden. You didn’t see an individual stroll throughout your garden and also you didn’t even hear the particular person, however the footprints present circumstantial proof that this occasion occurred.
Why is Circumstantial Proof necessary in unlawful drug, gun and Drink driving/Drink driving instances?
Unlawful Drug Prices & Circumstantial Proof
In most felony instances, particularly these involving unlawful drugs, weapons and even Drink driving, police make an arrest primarily based on circumstantial proof. With a drug case involving the possession of drugs or narcotics with the intent to distribute or ship, circumstantial proof could be some or the entire following:
- giant amount of drugs,
- cash, and
- drug paraphernalia (baggage, twist ties, scales)
This kind of proof is commonly what the prosecution (assistant district lawyer –ADA) makes use of to show their case together with skilled testimony concerning these gadgets. A case involving an unlawful gun or firearm, circumstantial proof may very well be the next
- a DNA (not essentially fingerprints) discovered on the weapon or
- gunshot residue on clothes or arms
- the weapon discovered beneath a automobile seat
- the weapon discovered inside baggage
A case involving drunk driving (Drink driving), circumstantial proof are keys within the ignition whereas the defendant is sitting subsequent to automobile or the particular person’s pockets on the seat of the automobile following an accident.
Clearly, all of those examples are open to attack out of your Criminal defense lawyer however my level is, nonetheless, that circumstantial proof is typically sufficient to show an individual responsible past an affordable doubt.
Please don’t assume that as a result of police or another eyewitness didn’t truly observe the fee of a crime that the prosecution has a weak case.
Doesn’t the prosecution want eyewitnesses?
Numerous felony instances don’t have eyewitnesses and plenty of of those instances finish with convictions. In case your felony case includes a prosecutorial circumstantial proof principle, your lawyer have to be prepared for it. One technique that I like to recommend is arguing what the prosecution did not argue reasonably than merely arguing that the protection witnesses are extra credible. Continuously prosecutors and assistant district lawyers will ignore different theories that may clarify away circumstantial proof and set up affordable doubt. Whereas one thing like footprints within the snow could also be troublesome to clarify, the sorts of footprints and the sample of the prints, for instance, could all good areas in your lawyer to discover throughout cross examination.
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