9 Questions
The use of probability analysis is not important in non forensic criminal settings.
False
The historical necessity for the gathering and arguing of inferences from circumstantial evidence has no connection with the use of probability analyses.
False
The tool of judges, prosecutors, defense lawyers, and jurors has changed significantly over time.
False
Probability analysis has been a tool used in the criminal justice system since the earliest days of English and American criminal jurisprudence.
True
The criminal justice system is not centered in the balancing of conflicting bodies of circumstantial evidence.
False
The historical necessity for the gathering and arguing of inferences from circumstantial evidence has no connection with the use of formal or informal probability analyses.
False
What is the main difference between direct evidence and circumstantial evidence?
Direct evidence directly establishes a fact and does not require a juror to make any inferences, while circumstantial evidence requires the jury to make an inference connecting the evidence to a conclusion of fact.
How does the law treat direct and circumstantial evidence in court?
The law recognizes no distinction between direct and circumstantial evidence in court, and each is accorded the same weight.
What is the key difference in the nature of evidence between direct and circumstantial evidence?
Direct evidence directly establishes a fact, while circumstantial evidence requires the jury to make an inference connecting the evidence to a conclusion of fact.
Explore the application of probability analysis in non-forensic criminal settings and its ongoing validity in the criminal justice system. Understand the historical relevance and necessity of probability analysis in balancing conflicting bodies of circumstantial evidence.
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