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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 ...
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.
"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 ...
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).
An oral statement which has never been transcribed in any fashion is not a "statement" within the meaning of the Act. [47] Moreover the Act does not require law enforcement officers to make any record of an interview, nor to submit interview notes to the witness for approval so as to generate a statement which is producible under the Act. [48]
Trump supporters demonstrated outside a federal courthouse on 3 August before the former president’s arraignment on charges connected to his attempts to overturn the results of the 2020 election.
This doctrine eventually came to protect the defendant's ability to "present exculpatory evidence and testimony of witnesses". [6] For example, the Court in Brady v. Maryland used the Due Process Clause to require the prosecution in criminal proceedings to disclose evidence that is favorable to the defendant prior to a trial. [7]