What does the evidence show?

Many of you may be watching the Alex Murdaugh trial and then you likely already have your own feelings as to whether he is guilty. However, what are the kinds of evidence the jury will examine during the trial to reach a verdict?
 
Before we can discuss the types of evidence, we must define evidence. Evidence is the sworn testimony of any witness and the exhibits that are received in evidence. For example, a video or fingerprints are exhibits and once admitted (received) into evidence, then those exhibits are evidence which can be considered by the jury.
Evidence is also any fact the parties agree to (stipulate to), which will be deemed to have been conclusively established.
 
What is not considered evidence? The statements and arguments of the attorneys are not evidence. The questions or objections from the attorneys are not evidence. Any testimony or information in which the judge instructs the jury to disregard is not evidence. Anything the jury may see or hear when court is not in session is not and should not be considered evidence.
 
Now that we have defined evidence, what are the two types of evidence a jury will encounter? The jury will be presented with direct and/or circumstantial evidence. Some cases only consist of circumstantial evidence, but most cases will include both types.  
 
Direct evidence is based on actual knowledge which proves a fact without inference or presumption and establishes the main fact to be proved. For example, testimony by a witness about what that witness personally saw, heard or did. Direct evidence is usually evidence which speaks for itself, such as eyewitness accounts, a confession or a weapon.
 
For example, direct evidence is a witness identifying someone through the sound of their voice. Another example is a police officer’s observations during a DUI investigation, including personal observations and opinions of the defendant’s actions, appearance, and condition. Direct evidence does not require inference from the jury.  
 
Circumstantial evidence is indirect evidence; it is proof of one or more facts from which one can find another fact. Circumstantial evidence is based on inference and not on personal knowledge or observation. Circumstantial evidence establishes collateral facts from which the main fact may be inferred. For example, the appearance of the scene of a crime, testimony that suggests connection with a crime or physical evidence that suggests criminal activity.
 
If you wake up in the morning and observe it is wet outside, then you may infer it rained during the night. This is an example of circumstantial evidence. You do not have personal knowledge that it rained, since you did not see it raining. You have inferred it rained during the night, because it is wet outside. However, other evidence, such as a busted fire hydrant, may provide an explanation for why you observed it wet outside. Therefore, before you decide a fact has been proven by circumstantial evidence, you must consider all the evidence in the light of reason, experience and common sense.
 
The law draws no distinction between direct and circumstantial evidence in terms of weight or importance. Either type of evidence or a combination of both may be enough to meet the applicable burden of proof. The burden of proof in a criminal trial is proof beyond a reasonable doubt and the jury may use either direct or circumstantial evidence or a combination of both to reach a verdict.  
 
Hopefully, this article will add a new perspective for the true crime junkies following the Alex Murdaugh trial.
 
Chris Mingledorff and Michael Patterson are attorneys with Mingledorff & Patterson LLC on Daniel Island. For more information, go to mptrial.com.
 

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