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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 ...
A defendant's request for "Brady disclosure" refers to the holding of the Brady case, and the numerous state and federal cases that interpret its requirement that the prosecution disclose material exculpatory evidence to the defense. Exculpatory evidence is "material" if "there is a reasonable probability that his conviction or sentence would ...
Bowles said he learned of the information during evidentiary hearings given in Baldwin's case this week, describing it as "bombshell exculpatory evidence" withheld by prosecutors that "would have ...
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]
She, too, was removed from office after a series of allegations of misconduct, including several cases in which she was found to have failed to turn over exculpatory evidence, just like her boss."
Former President Donald Trump has once again asked a judge to throw out the classified documents case, arguing this time that investigators destroyed exculpatory evidence by rifling through boxes ...
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]