“Circumstantial
evidence is a very tricky thing. It may seem to point very straight to one thing,
but if you shift your own point of view a little, you may find it pointing in
an equally uncompromising manner to something different” (Sherlock Holmes, “The
Boscombe Valley Mystery”)
Let: Cx = x
is circumstantial evidence
Ax = x
is ambiguous evidence (“if you shift your point of view, [the evidence can
point to something different”)
Represent
Holmes’ claim as:
(H) All circumstantial evidence is ambiguous.
“For those
who feel a case based on circumstantial evidence is, by definition, not a
strong one, let me correct a common misperception,” writes former Los Angeles
District Attorney Vincent Bugliosi. “Circumstantial evidence has erroneously
come to be associated in the public mind and vernacular with an anemic
case….But nothing could be further from the truth. In fact, most first degree
murder cases are based on circumstantial evidence. This is so because other
than eye-witness testimony (and in some jurisdictions, a confession), which is
direct evidence, all other evidence,
even fingerprints and DNA, is circumstantial evidence.” (Vincent Bugliosi, The Prosecution of George W. Bush for Murder
[Vanguard Press: New York, 2008], page 100)
Let: Dx = x
is direct evidence
Ex
= x is eyewitness testimony
Ox
= x is a confession
d = DNA evidence
Can Bugliosi’s
line of thought support a counter-argument to Holmes’s claim? Represent the
following argument and prove its validity. Evaluate the argument.
(1) Evidence
that’s neither eyewitness testimony nor a confession is not direct evidence.
(2) If
something’s not direct evidence, then it’s circumstantial evidence.
(3) DNA
evidence is not a confession and it’s not eyewitness testimony.
(4) DNA
evidence is unambiguous
Therefore,
Not all circumstantial evidence is ambiguous
Solution:
(3) Sherlock
Holmes vs. Vincent Bugliosi
(H) (∀x)(Cx → Ax)
(1) (∀x)[~(Ex v Ox) → ~Dx) Premise
(2) (∀x)(~Dx → Cx) Premise
(3) ~Od &
~Ed Premise
(4) ~Ad Premise
:. ~(∀x)(Cx
→ Ax)
(5) (∀x)(Cx
→ Ax) Assumption for RAA
(6) ~(Ed
v Od) DeMorgan’s Law
(7) ~(Ed
v Od) → ~Dd 1, ∀-Elimination
(8) ~Dd 6, 7 Modus Ponens
(9) ~Dd → Cd 2, ∀-Elimination
(10) Cd 8, 9 Modus Ponens
(11) Cd → Ad 5, ∀-Elimination
(12) Ad 10, 11 Modus Ponens
(13) Ad & ~Ad 4, 12 & Introduction
(14) ~(∀x)(Cx → Ax) 5-13 RAA
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