Abstract
Where the evidence offered at a criminal trial to prove a principal fact is direct and positive, that is, when the facts in dispute are communicated to the jury by those who have actual knowledge of them, the trier of fact need only judge the credibility of the witnesses in ascertaining the truth or existence of the principal fact. However, where the evidence is circumstantial, that is, where it proves only collateral facts and the jury is required to infer the existence or truth of the principal fact given the truth or existence of the proven facts, there always will exist the possibility that the inference will be erroneous-the collateral facts may be true but the principal fact false.8 In a criminal trial, where the state's case rests principally, or completely, on circumstantial evidence, the possibility of error must be negligible if the inference is to have probative value in ascertaining the accused's guilt or innocence.
DOI
https://doi.org/10.63140/0lywe-smob
Recommended Citation
Braun, Louis J.
(1982)
"Quantitative Analysis and the Law: Probability
Theory as a Tool of Evidence in Criminal Trials,"
Utah Law Review: Vol. 1982:
No.
1, Article 2.
DOI: https://doi.org/10.63140/0lywe-smob
Available at:
https://dc.law.utah.edu/ulr/vol1982/iss1/2