Exculpatory evidence
Encyclopedia
Exculpatory evidence is the evidence
favorable to the defendant
in a criminal trial
, which clears or tends to clear the defendant of guilt
. It is the opposite of inculpatory evidence
, which tends to prove guilt.
In many countries such as the United States
, police
or prosecutor
are not required to disclose to the defendant any exculpatory evidence they possess before the defendant
makes a plea (guilty or not guilty). Per the Brady v. Maryland
decision, prosecutors have a duty to disclose exculpatory evidence even if not requested. Though it is true that the prosecution is not required to search for exculpatory evidence and must only disclose the evidence it has in its possession, custody or control, the prosecution's duty to disclose includes all information known to all members of its team, e.g., police, investigators, crime lab, etc.
In Brady v. Maryland, 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.
The witness's statement is exculpatory evidence, since it could introduce reasonable doubt as to the guilt of the accused. The police believe the witness's 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's version of events. If they fail to do so, the defendant would have grounds for appeal or for a motion to dismiss.
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
favorable to the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
in a criminal trial
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, which clears or tends to clear the defendant of guilt
Guilt
Guilt is the state of being responsible for the commission of an offense. It is also a cognitive or an emotional experience that occurs when a person realizes or believes—accurately or not—that he or she has violated a moral standard, and bears significant responsibility for that...
. It is the opposite of inculpatory evidence
Inculpatory evidence
Inculpatory evidence is a legal term used to describe evidence that shows, or tends to show, a person's involvement in an act, or evidence that can establish guilt. In criminal law, the prosecution has a duty to provide all evidence to the defense, whether it favours the prosecution's case, or the...
, which tends to prove guilt.
In many countries such as the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
or prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
are not required to disclose to the defendant any exculpatory evidence they possess before the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
makes a plea (guilty or not guilty). Per the Brady v. Maryland
Brady v. Maryland
Brady v. Maryland, 373 U.S. 83 , was a United States Supreme Court case in which the prosecution had withheld from the criminal defendant certain evidence. The defendant challenged his conviction, arguing it had been contrary to the Due Process Clause of the Fourteenth Amendment to the United...
decision, prosecutors have a duty to disclose exculpatory evidence even if not requested. Though it is true that the prosecution is not required to search for exculpatory evidence and must only disclose the evidence it has in its possession, custody or control, the prosecution's duty to disclose includes all information known to all members of its team, e.g., police, investigators, crime lab, etc.
In Brady v. Maryland, the U.S. Supreme Court held that such a requirement follows from constitutional due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
and is consistent with the prosecutor's duty to seek justice.
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's statement is exculpatory evidence, since it could introduce reasonable doubt as to the guilt of the accused. The police believe the witness's 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's version of events. If they fail to do so, the defendant would have grounds for appeal or for a motion to dismiss.