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Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt. [1] It is the opposite of inculpatory evidence , which tends to present guilt.
Greene, "Thus the term 'Brady violation' is sometimes used to refer to any breach of the broad obligation to disclose exculpatory evidence – that is, to any suppression of so-called 'Brady material' – although strictly speaking, there is never a real 'Brady violation' unless the nondisclosure was so serious that there is a reasonable ...
Brady v. Maryland, 373 U.S. 83 (1963), was a landmark U.S. Supreme Court decision holding that under the Due Process Clause of the Constitution of the United States, the prosecution must turn over to a criminal defendant any significant evidence in its possession that suggests the defendant is not guilty (exculpatory evidence).
In some instances however, the statute may be overridden by an accused's constitutional right to disclosure of exculpatory evidence. [9] [10] The Jencks Act governs production of statements and reports of prosecution witnesses during federal criminal trials.
“The court will now do its part to assess this never-before-considered exculpatory evidence,” said Tricia Bushnell, an attorney with the Midwest Innocence Project. “This is the procedure the ...
"Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." [1] Per Federal Rule of Evidence 801(d)(2)(a), a statement made by a defendant is admissible as evidence only if it is inculpatory; exculpatory statements made to an investigator are hearsay and therefore may not be admitted as ...
Taccetta, 72, of Florham Park, a reputed soldier in the Lucchese crime family, is seeking a new trial based on claims that the state withheld exculpatory evidence from the defense during the trial.
Evidence that tends to show a person's innocence is considered exculpatory evidence. For example, if a man is poisoned to death by an overdose of arsenic, and a bottle of arsenic is found in the purse of his wife, that bottle could be considered inculpatory evidence against his wife. The bottle of arsenic in his wife's purse could also be ...