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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.
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision.
However, under Federal Rule of Evidence 801 and the minority of U.S. jurisdictions that have adopted this rule, a prior inconsistent statement may be introduced as evidence of the truth of the statement itself if the prior statement was given in live testimony and under oath as part of a formal hearing, proceeding, trial, or deposition. [2]
Incontrovertible evidence and conclusive evidence (less formally, concrete evidence and hard evidence) [1] [2] are colloquial terms for evidence introduced to prove a fact that is supposed to be so conclusive that there can be no other truth to the matter; i.e., evidence so strong it overpowers contrary evidence, directing a fact-finder to a ...
Inculpatory evidence is 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 favors the prosecution's case or the defendant's case.
[1]) The general burden when arguing that evidence was improperly excluded or included is to show that the proper ruling by the trial judge may have, on the balance of probabilities, resulted in the opposite determination of fact. In the case of Earll v.
Judges in an adversarial system are impartial in ensuring the fair play of due process, or fundamental justice.Such judges decide, often when called upon by counsel rather than of their own motion, what evidence is to be admitted when there is a dispute; though in some common law jurisdictions judges play more of a role in deciding what evidence to admit into the record or reject.
In at least one case, there is a statutory definition of the standard. While there is no federal definition, such as by definition of the courts or by statute applicable to all cases, The Merit Systems Protection Board's has codified their definition at 5 CFR 1201.56(c)(2). MSPB defines the standard as "The degree of relevant evidence that a ...