Circumstantial Evidence

In popular parlance the above is used in a way that indicates a widespread misconception as to its real meaning. 'Circumstantial' does not mean weak, flimsy or coincidental, yet time and again one hears thin evidence backing up unsubstantiated accusations being dismissed out of hand as 'purely circumstantial'. Every such use reinforces the myth that 'circumstantial' and 'coincidental' are somehow synonomous in this context.

Any evidence presented in court which is not an eye witness account is properly designated as circumstantial, i.e. arising from the facts and circumstances of the case or crime. If there is one form of evidence that is notoriously contractory and liable to change from day to day with each telling, it is eye witness account, not circumstantial evidence.

The invariably irrefutable forensic evidence that proves the suspect was on the murder scene at the right time, that his skin and blood were found under the victim's fingernails, that the victim was killed with a particular blunt instrument that was later found in the suspect's possession, is properly described as circumstantial evidence. 'Circumstantiate' is still used to mean corroborate and substantiate beyond any reasonable doubt.