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 frees your suspect from guilt. Hide it if you can
EXCULPATORY evidence.
Exculpatory evidence
Exculpatory evidence
Discovery
Generally, yes.
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.
exculpatory
this is called exculpatory evidence.
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.
Prosecutors have a legal and ethical duty to disclose exculpatory information, which is evidence that may be favorable to the accused and could potentially exonerate them or mitigate their culpability. This obligation stems from the landmark Supreme Court case Brady v. Maryland, which established that withholding such information violates a defendant's right to a fair trial. Failure to disclose exculpatory evidence can lead to wrongful convictions and undermine the integrity of the judicial system. Thus, prosecutors must actively seek and disclose any evidence that could impact the outcome of a case.
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.