Legal Definitions - infirmative

Infirmative describes evidence or facts that tend to weaken, challenge, or invalidate a criminal accusation or charge. When evidence is considered infirmative, it suggests that the prosecution's case might be less credible, less strong, or that the accused person might not be guilty.

• Example 1: A person is accused of committing a burglary that occurred at 10:00 PM on a Tuesday. However, the defense presents a verified time-stamped receipt and security camera footage showing the accused purchasing groceries at a store 100 miles away at 9:45 PM on the same Tuesday.

  Explanation: The receipt and security footage are infirmative evidence because they significantly weaken the accusation by demonstrating that it would have been physically impossible for the accused to be at the crime scene at the time of the burglary.

• Example 2: A suspect is charged with arson, with the prosecution alleging they used a specific type of accelerant found at the scene. However, an independent forensic analysis later reveals that the accelerant identified by the prosecution was not present, and instead, the fire started due to faulty electrical wiring.

  Explanation: The independent forensic analysis provides infirmative evidence. It directly contradicts a key element of the prosecution's case (the use of a specific accelerant by the suspect) and suggests an alternative, non-criminal cause for the fire, thereby weakening the arson charge.

• Example 3: A defendant is on trial for assault, with the primary evidence being the eyewitness testimony of a single individual. During the trial, the defense introduces medical records showing that the eyewitness has a severe, uncorrected vision impairment and was not wearing their glasses at the time of the incident.

  Explanation: The medical records detailing the eyewitness's vision impairment are infirmative. This evidence casts doubt on the reliability and accuracy of the key eyewitness testimony, thereby weakening the overall strength of the assault accusation against the defendant.