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4.02 Direct and Circumstantial Evidence Defined
(1) Direct evidence is evidence of a fact based on a
witness’s personal knowledge of that fact acquired by
means of the witness’s senses. Direct evidence may
prove guilt of a charged offense or liability for a civil
wrong if, standing alone, that evidence satisfies a jury
that guilt of the offense has been proved beyond a
reasonable doubt or that liability for a civil wrong has
been proven by a preponderance of the evidence or
other applicable burden of proof.
(2) Circumstantial evidence is direct evidence of a fact
from which a person may reasonably infer the
existence or nonexistence of another fact.
Circumstantial evidence may prove guilt of a charged
offense or liability for a civil wrong, if that evidence,
while not directly establishing guilt of the offense or
liability for a civil wrong, gives rise to an inference of
guilt beyond a reasonable doubt or of liability for the
civil wrong by a preponderance of the evidence or
other applicable burden of proof.
(3) The law draws no distinction between
circumstantial evidence and direct 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, depending on the facts of
the case as determined by the finder of fact.
(4) In a criminal proceeding, a defendant’s confession
of guilt constitutes direct evidence. A defendant’s
admission, not amounting to a confession because it
does not directly acknowledge guilt but includes
inculpatory statements from which a jury may infer
guilt, is circumstantial evidence.
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