Posted On: February 10, 2011 by Baker Associates

The Power of Circumstantial Evidence

The fact that criminal offenses must be proven "beyond a reasonable doubt" in order for a defendant to be convicted is probably the most recognized concept in criminal law this side of "the right to remain silent." That does not, however, mean the concept is well understood by most citizens. Unfortunately for criminal defendants, the "'beyond a reasonable doubt" does not mean that jurors should find defendants innocent unless they are 100% convinced that the defendant is guilty. Rather, it simply stands for the proposition that jurors can convict defendants if they are convinced that no reasonable person would doubt the defendant's guilt.

The concept of circumstantial evidence springs from the aforementioned interpretation of the reasonable doubt standard. Circumstantial evidence is evidence that does not directly place or link the defendant to the scene of the crime, but rather allows the jury to infer from the circumstances that the defendant is the guilty party. Since jurors do not actually have to be 100% convinced that a defendant committed an offense in order to find that defendant guilty, circumstantial evidence can be the sole basis for a criminal conviction by simply creating inferences against the defendant that are so strong that no reasonable person would doubt the defendant's guilt.

A good example of the power of circumstantial evidence comes from a recent case styled State v. Cox that made its way to the Tennessee Court of Criminal Appeals. In that case, the prosecution could not provide any direct evidence that showed that the defendant, who was accused of theft and aggravated burglary, actually broke into the residence or any proof of the value of the items. Instead, the prosecution relied on its proof that the door was found open and that the items were items that normally had some value. Such proof was enough to persuade the jury who convicted the defendant of both offenses.

Tennesseans who are facing criminal charges should be aware of the danger that both direct and circumstantial evidence can pose in their case if such evidence is not properly defended against. Contact a skilled East Tennessee criminal defense attorney to discuss your defense.

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