What is the difference between clue, proof and evidence?

Most of us are used to hearing terms like evidence, proof, and clue. Either because we have read them, seen them on television, we work in the legal or expert field or simply because general culture these concepts fall within our normal vocabulary, generally being used as synonyms.

However, although similar, these three words refer to different things. They are elements taken into account, for example, in forensic psychology and, by extension, in the judicial and legal world. However... ¿what are the differences between clue, proof and evidence and how do you work with them?

• Related article: "Forensic Psychology: definition and functions of the forensic psychologist"

Its scope of use

As we have seen, the words indictment, proof and evidence can be used in our usual vocabulary, but they are mainly related to the judicial sphere. In this regard, these terms are used in order to refer to all those elements that serve to establish relationships between specific elements of a case and hypothesize, reconstruct and demonstrate these relationships.

The aforementioned elements arise from the investigation of the different professionals investigating the case, being at least collected from a specific scene or extrapolated from the investigation of the assumptions involved.

But even in the judicial sphere, the terms evidence, evidence and proof can be misused, having frequent confusion due to the limited delimitation between the different concepts (since the limits can be fuzzy depending on the definition given to each one) and the fact that on many occasions such a delimitation is of little importance since both the evidence and the indications in its use can become evidence judicial.

• You may be interested: "Legal Psychology: the point of union between Psychology and Law"

Differences between clue, proof and evidence

In order to clarify the differences between each of the terms, below you can see the definition of clue, evidence and proof and the way in which they differ between them.

Hint: what makes us think of something

An indication is any perceptible element, whether material or not, that results from or is involved in the scene of a crime and that allows to imagine the existence of a certain circumstance linked to the event or crime under investigation.

For example, the existence of a glass while at a crime scene, the disappearance of an object that should be present or the relocation of furniture at the scene can be indications. These are elements that make it possible to point in a certain direction, but the how and where they point has a certain subjectivity on the part of researchers.

In fact, the police investigation usually begins with the collection of evidence, which after further analysis can be used to find evidence.

Evidence: when something proves the existence of a relationship

Evidence is understood as any element that allows to clearly establish the relationship between two elements found in the scene of crime. It can be understood as that evidence collected that clearly reflects a relationship with another element. For example, evidence could be fingerprints on a stolen object or traces of blood or other bodily fluids on a person or object.

Although they may not have a logical meaning or this may not correspond to what it seems to indicate at a behavioral level (for example, having blood of a victim on clothing does not necessarily imply that the person dressed in it is the aggressor), the fact is unequivocal that there is a link (if the blood on the clothing is from a person, that garment has been in contact with the crime scene or the victim).

Evidence is usually obtained through an analysis of the crime zone and the numerous clues found, obtaining objective results.

Proof: the element with which one seeks to find the truth

We call any element or argument a test that It is used in order to demonstrate the truth or falsity of a fact. Thus, evidence is that instrument used to judicially demonstrate a fact and that allow to reach the level of conviction necessary to accept or reject an idea or hypothesis concrete.

We can find evidence of two types: Indicial or sufficient. We understand by sufficient evidence those that allow to guarantee the implication of the accused and that can be enough to make a verdict, being extracted from evidence.

With regard to circumstantial evidence, as you can guess from their name, they are those that come from evidence that by themselves are not determinative. Thus, although they allow us to think and indicate the guilt or innocence of the accused, his presence is not enough to demonstrate the type of involvement of the accused.

Delving into the differences

Although we have what each of these three terms means, it is possible that the differentiation between them, so that a more concrete explanation of the differences between each.

As we have indicated, the test can be defined as the element with which it is intended to demonstrate the truth or falsity of something. In this way, we will speak of a proof whenever we are using a certain evidence or clue with the purpose of proving something. Thus, both evidence and evidence can be evidence when used judicially.

Evidence and evidence, however, are the elements that are mutually exclusive, differing in that while the second is generally a product or element linked to the crime scene that can point in a certain direction the evidence can demonstrate per se the existence of a certain reality. In addition, while the clue is more subjective and depends to a greater extent on the researcher, the evidence is obtained through the analysis of the indicative elements, turning out to be objective.

Bibliographic references:

• Couture, E.J. (1993). Legal vocabulary. Depalma editions.

• Royal Spanish Academy. (2005). Pan-Hispanic Dictionary of Doubts. Association of Academies of the Spanish Language.

• Taruffo, M. (2003). Some considerations on the relationship between proof and truth. Discussions: Test and knowledge, 3. Miguel de Cervantes Virtual Library: Alicante.