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Extraction Summary
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Organizations
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Locations
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Document Information
Type:
Legal document
File Size:
605 KB
Summary
This document is a page from a court transcript, specifically jury instructions from a case filed on August 10, 2022. The text, labeled "Instruction No. 42," defines and differentiates between direct and circumstantial evidence for the jury. A hypothetical example is used to illustrate circumstantial evidence, involving inferring rain from observing people entering a courtroom with a wet umbrella and raincoat.
Organizations (1)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | Company |
Appears in the footer of the document, likely the court reporting service that transcribed the proceedings.
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Timeline (1 events)
A hypothetical scenario is presented to explain circumstantial evidence: a person is in a courtroom with the blinds drawn and cannot see outside, but infers that it is raining because two people enter, one with a dripping umbrella and another with a dripping raincoat.
courthouse/courtroom
unnamed juror/person
someone with an umbrella
someone with a raincoat
Locations (2)
| Location | Context |
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Mentioned in a hypothetical example used to explain circumstantial evidence.
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Mentioned in a hypothetical example used to explain circumstantial evidence.
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Key Quotes (2)
"One kind of direct evidence is a witness's testimony about something that the witness knows by virtue of his or her own senses, something that the witness has seen, smelled, touched, or heard."Source
— Unnamed speaker (likely a judge)
(Part of Instruction No. 42, defining direct evidence for a jury.)
DOJ-OGR-00017252.jpg
Quote #1
"Circumstantial evidence is evidence that tends to prove one fact by proof of other facts."Source
— Unnamed speaker (likely a judge)
(Part of Instruction No. 42, defining circumstantial evidence for a jury.)
DOJ-OGR-00017252.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (1,460 characters)
Case 1:20-cr-00330-PAE Document 767 Filed 08/10/22 Page 231 of 257 3065
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any such time periods. As long as the conduct occurred around
any dates or within any time periods the indictment alleges it
occurred, that is sufficient.
Instruction No. 42: Direct and Circumstantial
Evidence.
I turn now to some general instructions.
There are two types of evidence that you may use in
reaching your verdict. One type of evidence is direct
evidence. One kind of direct evidence is a witness's testimony
about something that the witness knows by virtue of his or her
own senses, something that the witness has seen, smelled,
touched, or heard. Direct evidence may also be in the form of
an exhibit.
The other type of evidence is circumstantial evidence.
Circumstantial evidence is evidence that tends to prove one
fact by proof of other facts.
There a simple example of circumstantial evidence,
it's often used in the courthouse. Assume that when you came
into the courthouse this morning, the sun was shining and it
was a nice day. Assume that there are blinds on the courtroom
windows that are drawn and you can't look outside. As you're
sitting here, someone walks in with an umbrella that's dripping
wet. Someone else then walks in with a raincoat that's also
dripping wet. Now you can't look outside to courtroom and you
can't see whether or not it's raining, so you have no direct
any dates or within any time periods the indictment alleges it
occurred, that is sufficient.
Instruction No. 42: Direct and Circumstantial
Evidence.
I turn now to some general instructions.
There are two types of evidence that you may use in
reaching your verdict. One type of evidence is direct
evidence. One kind of direct evidence is a witness's testimony
about something that the witness knows by virtue of his or her
own senses, something that the witness has seen, smelled,
touched, or heard. Direct evidence may also be in the form of
an exhibit.
The other type of evidence is circumstantial evidence.
Circumstantial evidence is evidence that tends to prove one
fact by proof of other facts.
There a simple example of circumstantial evidence,
it's often used in the courthouse. Assume that when you came
into the courthouse this morning, the sun was shining and it
was a nice day. Assume that there are blinds on the courtroom
windows that are drawn and you can't look outside. As you're
sitting here, someone walks in with an umbrella that's dripping
wet. Someone else then walks in with a raincoat that's also
dripping wet. Now you can't look outside to courtroom and you
can't see whether or not it's raining, so you have no direct
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00017252
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