Direct vs Indirect (Circumstantial) Evidence – A Legal Guide

Direct evidence is defined as evidence that directly proves a key fact at issue. Examples include:

• an eyewitness in a murder case who saw the actual killing
• security camera video showing a robbery suspect holding up the victim
• the defendant’s fingerprints on a knife
• the defendant’s forged signature on an insurance application

Indirect evidence (also called circumstantial evidence) is a fact or set of facts that, if true, allow jurors to infer the fact at issue. Examples include:

• an eyewitness in a murder case who saw the defendant running from the crime scene
• security camera video showing a robbery suspect in the vicinity of the crime scene
• threatening emails by the defendant to a stabbing victim
• the defendant’s browser history revealing a search for “how to commit insurance fraud”

Direct and indirect evidence are both considered to be valid forms of proof in civil and criminal proceedings.

What is the definition of direct evidence?

Direct evidence is evidence, that if believed, directly proves a fact in issue. “Directly” means that a person does not have to make any inferences or presumptions as to proof.¹ A juror can conclude a key fact happened simply by believing a witness.

Direct evidence is a piece of evidence often in the form of the testimony of witnesses or eyewitness accounts. Examples of direct evidence are when a person testifies that they:

• saw an accused commit a crime,
• heard another person say a certain word or words, or
• observed a certain act take place.²

If, for example, a witness testifies that it was raining outside, this personal knowledge is direct proof to show that it was raining.

Consider, also, a case where a defendant is suspected of burglary. A conspirator to the crime signs a statement confessing that he helped the accused with the offense. This is direct proof of the defendant’s guilt.

What is indirect evidence?

Unlike direct evidence, circumstantial evidence does not directly prove a key fact. Rather, this type of evidence:

1. proves another fact, and
2. a person can then make a reasonable inference that a key fact happened.³

Consider, for example, a shoplifting case in which a prosecutor believes the defendant, Joe, took a leather coat from a department store. At trial, the D.A. provides a witness that says she saw the accused at a party wearing a similar coat to the one Joe allegedly took. This is indirect evidence that Joe shoplifted the jacket.

Note that, in the above example, if the witness said she was in the store with Joe and saw him take the clothing, then this would be direct evidence and not circumstantial evidence.

Indirect evidence often includes:

• physical evidence (such as bloodstains),
• forensic evidence and scientific evidence, and
• fingerprint evidence.

Is one form of evidence better than the other?

The probative value of these kinds of evidence largely depends on the facts of the case.

In other words, there is no hard and fast rule that says direct evidence always has a greater weight than indirect evidence, or vice versa.

While some may believe that direct evidence is more impactful, others comment that circumstantial evidence can be even more reliable. Consider, for example, a witness testifying that he saw an accused commit the crime. This is unreliable testimony if we can show that the witness has a bad memory.

Also, recall that indirect evidence often includes things like

• forensic evidence and
• fingerprints.

Many jurors believe these types of evidence more objectively show guilt when compared to a witness’s interpretation of events.

Can I be convicted with just circumstantial evidence?

No jurisdiction in the U.S. says that a prosecutor must use both of the above types of evidence to convict a defendant.

A prosecutor can, in fact, secure a conviction by using only indirect evidence. For example, they can use this evidence to prove or disprove:

• the elements of the crime,
• the completion of certain acts, and
• the intent or mental state of the defendant.⁴

When using only circumstantial evidence, we try and show that there is a reasonable doubt as to guilt by demonstrating that:

• the evidence supports reasonable conclusions, and
• these conclusions are separate from a finding of guilt.

In short, we present alternative explanations for the evidence that are consistent with the defendant’s innocence. For the jury to convict based on circumstantial evidence, they must be convinced that the only reasonable conclusion supported by the evidence is the defendant’s guilt. If there are other plausible explanations, the jury should acquit.

What is the law in California?

California’s civil and criminal laws say that both direct and indirect evidence are admissible in state and federal courts.

As to criminal cases, the law specifically says that both direct and circumstantial evidence are acceptable types of evidence to prove or disprove:

• the elements of a charge (including intent and mental state), and
• acts necessary to a conviction.⁵

The law also gives both types of evidence the same amount of weight and says that neither is necessarily more reliable than the other.⁶

Note that when a prosecutor or defense counsel provides both types of evidence in the same jury trial, the judge may have to give certain instructions to the jury. For example, a judge might have to explain the meaning of the two types of evidence when:

1. a prosecutor uses inferential evidence, and
2. does so to prove any element of a charge.⁷

This ensures that the jury understands the weight and significance of the evidence presented and can make an informed decision based on the facts of the case.

Additional reading

For more in-depth information, refer to the following:

• Summary Judgment and Circumstantial Evidence – Stanford Law Review.
• Importance of Refusal to Give Evidence and of Indirect Evidence in Domestic Violence and Domestic Crime Cases – Journal of Constitutional Law.
• Jury Instructions – Reasonable Doubt – Don’t Have to Know Instruction Is Not Reversible Error When Conviction Is Based on Direct Evidence – Mississippi Law Journal.
• Effects of Suggestive Interviewing and Indirect Evidence on Child Credibility in a Sexual Abuse Case – Journal of Applied Social Psychology.
• Analysis of Indirect Evidence in Hit-and-run Cases – Journal of Forensic Science and Medicine.

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Legal References:

1. Black’s Law Dictionary, Sixth Edition. See also State v. McClure, S.W. 2d 664 (1974).
2. Black’s Law Dictionary, Sixth Edition.
3. See same. See also United Textile Workers v. Newberry Mills, Inc., 238 F. Supp. 366 (1965).
4. See, for example, CALCRIM No. 223 Judicial Council of California Criminal Jury Instructions (2017 edition).
5. See same.
6. See same.
7. See same. See also People v. Ibarra (2007) 156 Cal.App.4th 1174 and, People v. Livingston (2012) 53 Cal.4th 1145.