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Exculpatory
Exculpatory evidence is the evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt[1]. It is the opposite of inculpatory evidence, which tends to prove guilt.
In many countries[citation needed] 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.[2]
Defendants Have Right to Exculpatory Evidence
Prosecution must make favorable material evidence available to defendants. California court affirms defendants constitutional right to exculpatory evidence...
Prosecutors: It is better to overdisclose than to underdisclose exculpatory evidence.
Bill of Rights. (From the public domain.) The newest addition to my blogroll -- under the Beyond Blogs category -- is Brady v...
Exculpatory clause in power of attorney deemed invalid
The principal executed a power of attorney which granted the agent broad powers to make gifts to himself, exonerated the agent from any liability to the principal or anyone else, and purported to relieve the agent from any duty to...
Exculpatory or Not, Judge Orders Prosecution to Turn Over Possible DNA Evidence
For better or worse, Ohio law currently only requires prosecutors to turn over exculpatory evidence to the defense in a criminal case...
"Exculpatory or Not, Judge Orders Prosecution to Turn Over Possible DNA Evidence"
From the blog: “For better or worse, Ohio law currently only requires prosecutors to turn over exculpatory evidence to the...
Massachusetts Man Freed After 21 Years With Discovery of Withheld Exculpatory Evidence
Bernard Baran was 19 when he was accused of abusing children at a day care center — one of a spasm of such prosecutions in the 1980s...
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