Indiana law prevents a conviction based solely on circumstantial evidence of guilt except where the evidence excludes every reasonable theory of innocence.
Direct Evidence — Circumstantial Evidence — Inference. 1-12 IN Pattern Jury Instructions Criminal Instruction No. 12.01
Direct evidence means evidence that directly proves a fact, and that, if true, conclusively establishes that fact.
Circumstantial evidence means evidence that proves a fact from which you may conclude the existence of (an)other fact(s).
It is not necessary that facts be proved by direct evidence. Both direct evidence and circumstantial evidence are acceptable as a means of proof. A conviction may be based solely on circumstantial evidence. Where proof of guilt is by circumstantial evidence only, it must be so conclusive and point so convincingly to the guilt of the accused that the evidence excludes every reasonable theory of innocence.
– This is a Jury instruction, but the same legal principle applies in a Court Trial.
For additional information, click here.
DISCLAIMER – The information contained on this website is provided for educational and informational purposes only, and should not be construed as legal advice or as an offer to perform legal services on any subject matter. The content of this web site contains general information and may not reflect current legal developments or information. The information is not guaranteed to be correct, complete or current. We make no warranty, expressed or implied, about the accuracy or reliability of the information at this website or at any other website to which it is linked. Recipients of content from this site should not act or refrain from acting on the basis of any information included in the site without seeking appropriate legal advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. Nothing herein is intended to create an attorney-client relationship and shall not be construed as legal advice. This is not an offer to represent you, nor is it intended to create an attorney-client relationship.