• Negative evidence is generally regarded as weaker than positive evidence because a positive assertion that a witness saw an event is a stronger statement than an assertion that a witness did not see it. But a negative assertion will sometimes be considered positive evidence, depending on the witness’s opportunity to see the event. For instance, testimony that the witness watched the entire game and saw no riot in the stands is stronger than testimony stating only that the witness did not see a riot.
— Also termed negative testimony. Cf. direct evidence (1). [Cases: Criminal Law 387; Evidence 147, 586. C.J.S. Criminal Law §§ 752, 819; Evidence§§ 3, 209, 339, 508, 1309, 1328.]
