Circumstantial evidence

“ The circumstantial evidence may be better and more convincing than the testimonial evidence; for it may be impossible, under the conditions that I have defined, to suppose that the man met his death from any cause but the violent blow of an axe wielded by another man. The circumstantial evidence in favour of a murder having been committed, in that case, is as complete and as convincing as evidence can be. It is evidence which is open to no doubt and to no falsification. ”

“ It was all circumstantial evidence of course, but even in the civil courts, and before juries made up of their peers, men accused of crime have frequently been convicted on circumstantial evidence alone—that is to say, on probability. ”

“ In reasoning upon such subjects, when the facts which constitute the chain of circumstantial evidence are very numerous, we are apt to regard their greater comparative number as if it dispensed with a rigid application of the rules of determination. Every one can see, in the illustration above employed, borrowed from criminal jurisprudence, that the facts which constitute the chain of circumstantial evidence ought to be rigidly tested by the rules of determination before the guilt of the accused can be safely drawn as a deduction from the facts. ”

“ Nothing, to my mind, is stronger proof against a criminal than a complete chain of circumstantial evidence, but again, nothing is so misleading if at any stage a mistake, an omission, or a misconstruction be allowed to occur. In this case, then, as I was starting out to prove what was merely a suspicion, I determined to be most careful, for indeed I dislike following up suspicion at any time. ”

“ We are very much in the habit of considering circumstantial evidence as of less value than testimonial evidence, and it may be that, where the circumstances are not perfectly clear and intelligible, it is a dangerous and unsafe kind of evidence; but it must not be forgotten that, in many cases, circumstantial is quite as conclusive as testimonial evidence, and that, not unfrequently, it is a great deal weightier than testimonial evidence. ”

“ I would not hold circumstantial evidence to be superior to direct evidence, nor would I take the position that it is wholly beyond the reach and compass of human abilities to invent a train of circumstances that might deceive the ordinary inexperienced magistrate. ”

“ That is one way of illustrating circumstantial evidence." Here the State's attorney gave another illustration on the same line, and proceeded: "That is circumstantial evidence. Circumstances are truths. Nearly every case that comes into court rests almost exclusively upon circumstantial evidence. Of course, there is direct evidence making up the circumstances, but after all, the crime itself, the act itself, is proved by the circumstances in the case. ”

“ For example, in a thousand cases, a certain combination of merely circumstantial evidence in favour of a certain judicial decision, is familiarly allowed to vanquish all apparent discrepancy on particular and subordinate points;—the want of concurrence in the evidence of the witnesses on such points shall not cause a shadow of a doubt as to the conclusion. For we feel that it is far more improbable that the conclusion should be untrue, than that the difficulty we cannot solve is truly incapable of a solution ”

“ Now circumstantial evidence, as everybody knows, is not always to be trusted. There are many cases on record of persons having been condemned on the strength of it who were afterwards found to be innocent. ”

“ "Circumstantial evidence is a very tricky thing," answered Holmes, thoughtfully. "It may seem to point very straight to one thing, but if you shift your own point of view a little, you may find it pointing in an equally uncompromising manner to something entirely different. ”

“ There are two kinds of evidence, as you have learned—circumstantial and direct evidence—and yet, after all, nearly all evidence is circumstantial. You may not have read it, but any lawyer at the bar will remember reading of the incidents or illustrations by Wharton and other writers, in which they say that nearly all evidence is circumstantial. Even if you are looking at a man holding a pistol, and see him fire it at another, and see the man drop—that is all circumstantial. ”

“ They are inferences from inferences; presumptions resting on the basis of another presumption. Such a mode of arriving at a conclusion of fact is generally, if not universally, inadmissible. No inference of fact or of law is reliable drawn from premises which are uncertain. Whenever circumstantial evidence is relied upon to prove a fact, the circumstances must be proved, and not themselves presumed. ”

“ A conspiracy may be established by circumstantial evidence, the same as any other fact, and such evidence is legal and competent for that purpose; so whether an act which was committed was done by a member of a conspiracy, may be established by circumstantial evidence, whether the identity of the individual who committed the act be established or not; and also whether the act done was in pursuance and furtherance of a common design, may be ascertained from the same class of evidence ”

“ In serious crimes, such as murder, juries are extremely cautious about convicting upon circumstantial evidence. There are many chances of error in making chains of evidence. In indirect evidence a group of facts is presented from which a conclusion is attempted. ”

“ In the commencement of my remarks, upon this romance of real life, I endeavored to forefend, against the suspicion of undervaluing that species of evidence, which is called presumptive, or circumstantial. It is accounted, by the most able writers, on this branch of jurisprudence, of the highest quality. Thus, in his admirable work, on Evidence, vol. i. sec. 13, Professor Greenleaf remarks, that, in both civil and criminal cases, “a verdict may well be founded on circumstances alone; and these often lead to a conclusion, far more satisfactory than direct evidence can produce.” ”

“ The increased number of witnesses to circumstances, and the increased number of the circumstances themselves, all tend to increase the probability of detection if the witnesses are false, because thereby the points are multiplied in which their statements may be compared with each other, as well as with the truth itself, and in the same proportion is increased the danger of variance and inconsistency.66 [pg 040] Thus the force of circumstantial evidence is found to depend on the number of particulars involved in the narrative ”

“ No one has ever contended that the proof should be exclusively that of eye-witnesses, testifying from their senses positively and directly to the fact. Political, like other offences, may be established by circumstantial as well as positive evidence. ”

“ A proposition of fact is proved, when its truth is established by competent and satisfactory evidence. By competent evidence, is meant such as the nature of the [pg 022] thing to be proved requires; and by satisfactory evidence, is meant that amount of proof, which ordinarily satisfies an unprejudiced mind, beyond any reasonable doubt. ”

“ Where they have made explicit findings of fact, those findings conclude us and form the basis of our review-with the one caveat, necessarily, that we are not to be bound by findings wholly lacking support in evidence. ”

“ Where, however, the evidence of a party to the actin is not contradicted by direct evidence, nor by any legitimate inferences from the evidence, and it is not opposed to the probabilities, nor, in its nature, surprising or suspicious, there is no reason for denying to it conclusiveness. ”

“ In far the greater number of crimes the proof must depend to a large extent upon the evidence of circumstances. But these must be so convincing that it is impossible in reason to draw any other conclusion from them. ”

“ When the proofs of a crime are dependent on each other, that is, when the evidence of each witness, taken separately, proves nothing; or when all the proofs are dependent upon one, the number of proofs neither increase nor diminish the probability of the fact; for the force of the whole is no greater than the force of that on which they depend; and if this fails, they all fall to the ground. When the proofs are independent on each other, the probability of the fact increases in proportion to the number of proofs; for the falsehood of one does not diminish the veracity of another. ”

“ If the court below neglects or refuses to make a finding one way or the other as to the existence of a material fact, which has been established by uncontradicted evidence, or if it finds such a fact when not supported by any evidence whatever, and an exception be taken, the question may be brought up for review in that particular. ”

“ After all the evidence is collected from every quarter, then it is the proper business of the understanding or judgment to compare and balance evidence, and to form a decisive opinion or belief, according to apparent truth. We have no more right to judge without evidence than we have to judge contrary to evidence; and we have no more right to doubt without, or contrary to, evidence, than we have to believe without, or contrary to, evidence. We have no right to keep ourselves in a state of doubt or uncertainty, when we have sufficient evidence to come to a decision. ”

“ Presumptions of law are frequently absolute and conclusive, as they determine the quantity of evidence requisite for the support of any particular averment, which is not permitted to be overcome by any proof that the fact is otherwise. ”

“ We insist, that the terms 'if recognized by him,' are inserted for the single purpose of defining the proof upon which the material facts should be established, and are to be regarded only as prescribing a rule of evidence for the particular case. ”

“ The findings of the examiner are to be considered along with the consistency and inherent probability of testimony. The significance of his report, of course, depends largely on the importance of credibility in the particular case. To give it this significance does not seem to us materially more difficult than to heed the other factors which in sum determine whether evidence is 'substantial.'
The direction in which the law moves is often a guide for decision of particular cases, and here it serves to confirm our conclusion. ”

“ If a man sees a boy steal a bag of apples from the orchard across the way, his evidence is direct. If instead, he only sees him with an empty bag and later with a full one, the evidence will be indirect. If you testify that early in the evening you saw a tramp enter a barn which later in the evening caught fire, your testimony as regards the cause of the fire would be indirect evidence against the tramp. ”

“ It is for ordinary minds, and not for psychoanalysts, that our rules of evidence are framed. They have their source very often in considerations of administrative convenience, of practical expediency, and not in rules of logic. When the risk of confusion is so great as to upset the balance of advantage, the evidence goes out. Thayer, Preliminary Treatise on the Law of Evidence, 266, 516; Wigmore, Evidence, §§ 1421, 1422, 1714. ”

“ Who is afraid of the statement of facts? Or do our friends on the prosecution feel that our scientists merely state opinions, and give no evidence of facts? But if this is to be an investigation facts are necessary. If this is to be an investigation, your honor, as a lawyer, knows it is necessary to properly introduce that evidence. ”

“ All these causes make it extremely difficult to arrive at what we should call truth as regards matters of fact—appearances alleged to have been seen, feats performed, or the occurrence of past events; and though there may be no prejudice against the possibility of them, it is wise—in cases where definite and unmistakable evidence is absent, to withhold the judgment either way, for or against their occurrence. ”

“ That is done in the court below, when the particular fact is found which the evidence tends to prove. The effect of mere evidence stops when the fact it proves is established. After that the question is as to the effect of the fact; and when the evidence in a case has performed its part and brought out all the facts that have been proved, these facts thus established are to be grouped, and their legal effect as a whole determined. ”

“ Simply stated, it is whether the evidence is such that, without weighing the credibility of the witnesses or otherwise considering the weight of the evidence, there can be but one conclusion as to the verdict that reasonable men could have reached. ”

“ The quality by virtue of which it has such an effect may be called its probative force, and evidence may therefore be defined as any 441fact which possesses such force. Probative force may be of any degree of intensity. When it is great enough to form a rational basis for the inference that the fact so evidenced really exists, the evidence possessing it is said to constitute proof. ”

“ Skilled in the law yourself, thoroughly familiar, with the rules of evidence, it's more than possible that you might have reviewed matters and decided that there were things which, if they were known, would do harm instead of good—obscure the truth, perhaps ”

“ Only that which is deemed necessary for the decision of the case is stated, bearing in mind that our power is confined to determining whether error of law was committed in admitting or rejecting evidence, and whether the findings of fact are adequate to sustain the conclusions based on them. ”

“ Was the court wrong in refusing to give this instruction?
Presumptions, from evidence given in a cause of the existence of particular facts, are in many, if not in all cases, mixed questions of law and fact. ”