December 25, 2003

Circumstantial and direct evidence is not overly confusing

By Donald J. DeVries
Special to the Times

This week's question:

I am due to be on jury duty soon, and I am really puzzled about the difference between direct and circumstantial evidence. I have been watching Court TV (maybe too much) but I still have not heard a good answer. What if all we have is circumstantial evidence?

Valerie V.
Almaden Valley

Dear Valerie,

I know we all hear a lot of talk about a case just being "circumstantial," but there is no reason to be puzzled by the jargon.

Probably the best way to answer your question is to turn to commonly used instructions that the judge reads to the jury at the end of the trial.

Jury instructions are approved by a panel of judges working with the Judicial Council of the State of California. Civil instructions were recently improved dramatically by changing the language to every day terminology.

One of the instructions, CACI 202, is entitled "Direct and Indirect Evidence." It reads as follows:

"Evidence can come in many forms. It can be testimony about what someone saw or heard or smelled. It can be an exhibit admitted into evidence. It can be someone’s opinion."

"Some evidence proves a fact directly, such as testimony of a witness who saw a jet plane flying across the sky. Some evidence proves a fact indirectly, such as testimony of a witness who saw only the white trail that jet planes often leave. This indirect evidence is sometimes referred to as 'circumstantial evidence.' In either instance, the witness’s testimony is evidence that a jet plane flew across the sky."

"As far as the law is concerned, it makes no difference whether evidence is direct or indirect. You may choose to believe or disbelieve either kind. Whether it is direct or indirect, you should give every piece of evidence whatever weight you think it deserves."

So, you can see, Valerie, that it is quite possible to understand the concept of "direct" and "indirect" (circumstantial) evidence. Sometimes we lawyers underestimate the ability of the jury to understand some of these things and to just use common sense.

Good luck with your jury service. You will be participating directly in the best system of justice on the face of the earth!

Donald J. DeVries
Almaden Valley

Donald J. DeVries is an attorney practicing law in Almaden Valley. If you would like him to answer your question in his next Almaden Times column, you can reach him by e-mail at don@almadenvalleylawyers.com, fax at (408)268-6502, telephone at (408)268-9500, or mail at DeVries & Solmonson, 6475 Camden Ave., Suite 200, San Jose, CA 95120. Your matters are personal and private, so of course, he will not disclose your identity or any details about your situation. Want to learn about a specific legal issue or how DeVries can help you? Visit his web site at www.almadenvalleylawyers.com. Almaden Times columns since 1986 are available there. DeVries writes this column to provide you with general information about important legal matters affecting California residents—not to give you legal advice about your specific matter. No attorney-client relationship is created by these articles. The law is complex and constantly changing and varies from state to state. So you should consult an attorney before taking any action that would affect your personal or business matters.