Mephariel wrote:I think at this point, I expect some evidence to be found. But saying the "CBA does not require that" means nothing. Silver already said he wants to operate with the goal of answer the question whether wrongdoing has occurred. So the level of evidence matters.
I'll re-post this from part 1.
In law, evidence is the information presented in court to prove or disprove a fact, while proof is the result of that evidence, meaning the fact has been established to a sufficient degree of certainty.
Evidence:
In law, direct evidence directly proves a fact without inference, like a confession, while circumstantial evidence indirectly proves a fact through reasoning and inferences. Both are admissible and equally important in court, where circumstantial evidence may include forensic evidence (like fingerprints) or testimonial evidence (like a witness seeing the defendant near the scene). A case can be built or even decided solely on a strong chain of circumstantial evidence.
Direct Evidence
Definition: Evidence that directly proves a fact in dispute without the need for any additional inference or reasoning.
Examples:
A confession from the defendant.
The testimony of an eyewitness who directly saw the event occur.
A video recording of the crime.
Circumstantial Evidence
Definition: Indirect evidence that requires the finder of fact (judge or jury) to draw a reasonable inference to establish a material fact.
Examples:
Forensic evidence: Fingerprints at the scene of a crime, DNA analysis, or bloodstains.
Testimonial evidence: A witness who saw the defendant nearby, wearing similar clothing to the perpetrator, or acting suspiciously after the crime.
Other examples: Motive, exclusive opportunity to commit the crime, or a false alibi provided by the defendant.
Key Points
No Hierarchy: The law does not inherently consider direct evidence "stronger" or "more reliable" than circumstantial evidence; both are treated equally and can be used to build a compelling case.
Building a Case: Circumstantial evidence often fills in gaps, and a combination of direct and circumstantial evidence can provide a more complete picture of events.
Strength in Numbers: A case based solely on circumstantial evidence becomes more compelling when there is a strong, logical, and consistent chain of these facts, leading to an inescapable conclusion of guilt.
Those who are demanding only direct evidence are disingenuous in their motives as it's an attempt to set the goal post to a point that can't be reached. For example, if a women was raped, is it practical to only accept the identification of the victim as the only reliable evidence ? What if the perpetrator covered his face? What if the victim is mistaken on who the perpetrator is, or the victim flat out lies?
In this case, is a person testifying he colluded with Steve Ballmer to circumvent the salary cap really stronger evidence than the bank statements showing the flow of money from Ballmer to Kawhi?