Exculpatory evidence

Exculpatory evidence

Exculpatory evidence is the evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt [ [http://legal-dictionary.thefreedictionary.com/Exculpatory+evidence "The Free Dictionary by Farlex" Definition of Exculpatory evidence] ] . It is the opposite of inculpatory evidence, which tends to prove guilt.

In many countriesFact|date=February 2008 such as the United States, police or prosecutor must disclose to the defendant any exculpatory evidence they possess. Failure to disclose can result in the dismissal of a case.

In the "Brady v. Maryland" decision, the U.S. Supreme Court held that such a requirement follows from constitutional due process and is consistent with the prosecutor's duty to seek justice. [cite book |title=Criminal Law And Procedure For The Paralegal: A Systems Approach |author=James W. H. McCord, Sandra L. McCord |publisher=Thomson Delmar Learning |year=2001
isbn=0766819655 |pages=454
]

Example

A victim is murdered by stabbing and an accused person is arrested for the murder. Evidence includes a knife covered with blood near the victim and the accused found covered in blood at the murder scene by the police. During the investigation, the police interview a witness claiming to have watched the stabbing occur. The witness makes a statement to the police claiming the stabbing was by another unknown person, not the accused.

The witness' statement is exculpatory evidence, since it could introduce reasonable doubt as to the guilt of the accused. The police believe the witness' account is not true or the witness is unreliable and choose to not follow up on the lead.

The prosecutor is obliged to inform the accused and their attorney of the witness statement even if the police doubt the witness' version of events. If they fail to do so, the defendant would have grounds for appeal or for a motion to dismiss.

References

Refer to case "California v. Trombetta", ussc|467|479|1984


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Look at other dictionaries:

  • exculpatory evidence — see evidence Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. exculpatory evidence …   Law dictionary

  • exculpatory — ex·cul·pa·to·ry /ek skəl pə ˌtōr ē/ adj: tending or serving to exculpate an exculpatory clause in a contract compare inculpatory Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • evidence — ev·i·dence 1 / e və dəns, ˌdens/ n [Medieval Latin evidentia, from Latin, that which is obvious, from evident evidens clear, obvious, from e out of, from + videns, present participle of videre to see]: something that furnishes or tends to furnish …   Law dictionary

  • exculpatory statement or evidence — A statement or other evidence which tends to justify, excuse or clear the defendant from alleged fault or guilt. State v. Cobb, 2 Ariz.App. 71, 406 P.2d 421, 423. Declarations against declarant s interest which indicate that defendant is not… …   Black's law dictionary

  • exculpatory statement or evidence — A statement or other evidence which tends to justify, excuse or clear the defendant from alleged fault or guilt. State v. Cobb, 2 Ariz.App. 71, 406 P.2d 421, 423. Declarations against declarant s interest which indicate that defendant is not… …   Black's law dictionary

  • evidence — Any species of proof, or probative matter, legally presented at the trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, exhibits, concrete objects, etc., for the purpose of inducing belief in the… …   Black's law dictionary

  • evidence — Any species of proof, or probative matter, legally presented at the trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, exhibits, concrete objects, etc., for the purpose of inducing belief in the… …   Black's law dictionary

  • exculpatory — /ekskalpat(6)riy/ Clearing or tending to clear from alleged fault or guilt; excusing. Baird v. State, 246 S.W.2d 192, 195. See exculpatory statement or evidence Compare incriminate …   Black's law dictionary

  • exculpatory — /ekskalpat(6)riy/ Clearing or tending to clear from alleged fault or guilt; excusing. Baird v. State, 246 S.W.2d 192, 195. See exculpatory statement or evidence Compare incriminate …   Black's law dictionary

  • Outline of evidence law in the United States — The following outline of evidence law in the United States sets forth the areas of contention that generally arise in the presentation of evidence in trial proceedings. Contents 1 Relevance 2 Types of evidence 3 Judicial notice …   Wikipedia

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