Exculpatory evidence is important in a criminal trial because it can help prove a defendant's innocence or show that they are not guilty of the crime they are accused of. This type of evidence can include alibis, witness statements, or forensic evidence that supports the defendant's version of events. In contrast, inculpatory evidence is evidence that tends to show the defendant's guilt or involvement in the crime. It is crucial for both types of evidence to be presented in a fair and balanced way to ensure a just outcome in the trial.
In criminal trials in the United States the government must disclose exculpatory evidence to the defense. The defendant has no corresponding duty: the defense need not disclose inculpatory evidence to the government.
Exculpatory evidence at trial is evidence which helps to prove the innocence of the person on trial. The opposite word is inculpatory, evidence which proves his guilt.
If the prosecutors have exculpatory evidence they must turn it over to the defense. Exculpatory evidence is evidence that shows that the defendant is not guilty or would help in his defense, A motion for exculpatory evidence is a defense motion asking the judge to order the prosecutors to turn such evidence over to the defense.
EXCULPATORY evidence.
Exculpatory evidence
Exculpatory evidence
Exculpatory evidence frees your suspect from guilt. Hide it if you can
Inculpatory evidence. (Buckles, 2007 p 6)
Inculpatory evidence. (Buckles, 2007 p 6)
Discovery
The real problem faced is this: since the search, even if illegal, is not carried out by the police, any inculpatory evidence found will not be subject to exclusionary rule.
Generally, yes.