Exculpatory evidence

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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.

In many countries, including the

prosecutors are required to disclose to the defendant exculpatory evidence they possess before the defendant enters a plea (guilty or not guilty).[2] In some countries such as Germany, the prosecutor has to actively search for both exculpatory and inculpatory circumstances and evidence before filing of action.[3]

Per the

criminal case. Exculpatory evidence is evidence that might exonerate the defendant.[6]

Illustration

A victim is murdered by stabbing and a suspect is arrested for the murder. Evidence includes a knife covered with blood found near the victim and the accused found covered in blood at the murder scene. During the investigation, the police interview a witness claiming to have seen the stabbing. The witness makes a statement to the police that another unidentified person committed the crime, not the accused. The witness's statement is exculpatory evidence as it introduces reasonable doubt as to the guilt of the accused. The police either do not believe the witness's account or else find the witness unreliable and choose not to follow up on the lead. The prosecutor is obliged to inform the accused and his or her attorney of the witness's statement even though the police doubt the witness's version of events. Failure to do so would provide grounds for a motion to dismiss the charges or an appeal of a subsequent guilty verdict.

See also

References

  1. ISBN 9780787663742
    .
  2. ^ "Plea Bargains: Necessary Tool, Or Cop-Out?". NPR. Talk of the Nation. Retrieved 20 November 2021., Quote from Prof. Laurie Levenson: "Prof. SCHECK: ... that didn't commit the crime. But I think the problem is that under the law now, number one, prosecutors are not obligated to provide exculpatory evidence to grand juries who are considering whether or not to indict a defendant. And number two, there's no real requirement at all that prosecutors disclose exculpatory evidence to defendants prior to the time they decide to plead."
  3. ^ § 160 (2) Strafprozessordnung (StPO) [Code of Criminal Procedure] of 2021-09-14
  4. ISBN 0-7668-1965-5
    .
  5. ^ John Kaplan, Robert Weisberg, and Guyora Binder, Criminal Law - Cases and Materials 4 (Wolters Kluwer Law & Business, 7th ed. 2012).
  6. ISBN 0-314-22864-0
    . exculpatory evidence Evidence tending to establish a criminal defendant's innocence ● The prosecution has a duty to disclose exculpatory evidence in its possession or control when the evidence may be material to the outcome of the case.
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