7 Part of that evidence will be presented here, to illustrate the differences between the three evidentiary classes. Direct evidence. Types of Evidence . There are, generally speaking, two types of evidence from which a jury can properly find the truth as to the facts of the case. Relying upon circumstantial evidence as indirect proof of discrimination is just as reliable as direct evidence to prove discrimination by what is called a preponderance of the evidence. The evidence alone is the proof. Analogical Evidence. Forensic strategy. Circumstantial evidence, on the other hand, requires that a judge and/or jury make an indirect judgment, or inference, about what happened. Let’s say, for example, you are walking down the street, and as you pass the alley, you see a man stabbing another man with a knife. Direct evidence supports the truth of an assertion (in criminal law, an assertion of guilt or of innocence) directly, i.e., without an intervening inference. Examples of direct evidence are eyewitness statements and confessions. Its purpose is to provide evidence that shows proof beyond a reasonable doubt. For example, these could include discriminatory remarks about an individual’s age in an age discrimination case, his/her race in a race discrimination case, his/her disability in a disability case and so forth. One is direct evidence, such as the testimony of an eyewitness. Direct evidence of discriminatory intent may include evidence of actions or remarks of the employer that reflect a discriminatory attitude or comments that demonstrate discriminatory animus in the decisional process. Examples of direct evidence are eyewitness statements and confessions. In this case, your testimony will be direct evidence. ... Forensic Evidence. As a general rule, the law makes no distinction between direct and circumstantial evidence, but simply requires that the jury find the facts in accordance with all the evidence in the case, both direct and circumstantial. ... direct evidence requires no inference. at 2109. You could infer from the wet clothes that it was raining. Select the appropriate icon above for more information. The U.S. Supreme Court has held that proof that an employer’s explanation is unworthy of belief is one form of circumstantial evidence that is probative of intentional discrimination that may be quite persuasive. Leary’s examination of the evidence relating to Tom Woodson covers all three basic types: direct, indirect, and negative. Direct evidence establishes a fact. Direct evidence is evidence that is known personally to the witness because they have: • personal experience through their senses, for example something they It makes no difference that the employer claims that such words were never spoken:  it’s up to the jury to decide whom to believe. However, most discrimination cases do not have this “smoking gun” direct evidence of discrimination. The other is indirect or circumstantial evidence, that is, the inferences which may be drawn reasonably and logically from the proven facts. Examples of class evidence include blood type, fibers, and paint. Let’s say, for example, you are walking down the street, and as you pass the alley, you see a man stabbing another man with a knife. “In appropriate circumstances, the trier of fact the jury] can reasonably infer from the falsity of the explanation that the employer is dissembling to cover up a discriminatory purpose.”  Id.

Direct evidence is a more straightforward support of the argument being made. “Moreover, once the employer’s justification has been eliminated, discrimination may well be the most likely alternative explanation, since the employer is in the best position to put forth the actual reason for its decision.”  Reeves, 120 S.Ct. 7 Part of that evidence will be presented here, to illustrate the differences between the three evidentiary classes. As we said earlier, the most common example of direct evidence is eyewitness testimony. A popular example of indirect evidence is seeing a person enter the room with wet clothes. In this case, your testimony will be direct evidence. Reeves v. SandersonPlumbing Products, 120 S.Ct. Such proof allows the jury to make an inference that the employer’s reason for the adverse employment action, termination or refusal to hire, for example, is a pretext for illegal discrimination. 2097, 2108 (2000). Indirect or circumstantial evidence could include a jury’s disbelief in the employer’s stated reason for the adverse employment action. While not a kind of evidence you’d use in court, this kind of evidence can be … As for physical evidence which qualifies as direct evidence, an apt example will be a co… A popular example of indirect evidence is seeing a person enter the room with wet clothes. Leary’s examination of the evidence relating to Tom Woodson covers all three basic types: direct, indirect, and negative. You could infer from the wet clothes that it was raining. The forensic strategy enables the potential of material recovered during crime scene examination to be maximised, and can help with: Forensic samples may provide information for use during interview to test the reliability of an account. Examples of Direct Evidence. Relying upon circumstantial evidence as indirect proof of discrimination is just as reliable as direct evidence to prove discrimination by what is called a preponderance of the evidence. Examples: Examples:
As we said earlier, the most common example of direct evidence is eyewitness testimony. Similarly, in an accident-related personal injury case, the testimony of a bystander who witnessed the accident take place will be considered as direct evidence. For example, if a fingerprint or hair found at the crime scene matches that of a suspect, jurors may infer … In a workplace investigation, this could be an audio recording of someone’s harassing behavior or a photograph of offensive graffiti. Examples of this kind of evidence are photographs, video and audio recordings, charts, etc.
Evidence can be either direct or circumstantial. Individual Characteristics are properties of physical evidence that can be attributed to a common source with a high degree of certainty. Direct evidence establishes a fact. Circumstantial evidence, on the other hand, requires that a judge and/or jury make an indirect judgment, or inference, about what happened. linking evidence, eg, what evidence would link the offender to the scene?

Examples of individual evidence include anything that contains nuclear DNA, toolmarks, and fingerprints. Circumstantial evidence, by contrast, consists of a fact or set of facts which, if proven, will support the creation of an inference that the matter asserted is true. Forensic evidence, like a pattern of blood spatter on a wall, is a good example of circumstantial evidence; it requires the use of deductive reasoning to connect a suspect to a … For example, if a fingerprint or hair found at the crime scene matches that of a suspect, jurors may infer that the print or hair is indeed that of the defendant, and because it was found at the crime scene, links the defendant to the scene. Indirect or circumstantial evidence of illegal discrimination includes proof of a set of circumstances that allows the jury to reasonably believe that some impermissible factor, such as a person’s age, race, color, religion, sex, marital status, gender identity or expression, national origin or physical or mental disability, more likely than not, were factors inhow that person was treated by the defendant. This type of evidence does not ask the jury to develop opinions based on circumstance.

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