December 16, 2004

Lose, Lose

What do Bob Shrum and Mark Geragos have in common? They both get sliced and diced in this Ann Coulter column. And they have company. Like Gary Condit, Michael Jackson and certain commentators on the Peterson case...

...even Geragos and Sherman would never sneeringly dismiss evidence in a murder trial as "circumstantial evidence." Only nonlawyers who imagine they are learning about law from "Court TV" think "circumstantial evidence" means "paltry evidence." After leaping for the channel clicker for six months whenever the name "Scott Peterson" wafted from the television (on the grounds that in a country of 300 million people, some men will kill their wives), I offer this as my sole contribution to the endless national discussion.

In a murder case, all evidence of guilt other than eyewitness testimony is "circumstantial." Inasmuch as most murders do not occur at Grand Central Terminal during rush hour, it is not an uncommon occurrence to have murder convictions based entirely on circumstantial evidence. DNA evidence is "circumstantial evidence." Fingerprints are "circumstantial evidence." An eyewitness account of the perpetrator fleeing the scene of a stabbing with a bloody knife is "circumstantial evidence." Please stop referring to "circumstantial evidence" as if it doesn't count. There's a name for people who take a dim view of circumstantial evidence because they don't understand the concept of circumstantial evidence: They're called "O.J. jurors."

Posted by dan at December 16, 2004 1:40 AM