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.

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In many countries, including the United States, police and 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 Brady v. Maryland decision, prosecutors in the United States have a duty to disclose exculpatory evidence even if not requested to do so. While the prosecution is not required to search for exculpatory evidence and must disclose only the evidence in its possession, custody, or control, the prosecution's duty is to disclose all information known to any member of its team, e.g., police, investigators, crime labs, et cetera. In Brady v. Maryland, the U.S. Supreme Court held that such a requirement follows from constitutional due process and is consistent with the prosecutor's duty to seek justice. [4] The Brady doctrine is a pretrial discovery rule that was established by the United States Supreme Court in Brady v. Maryland (1963). [5] The rule requires that the prosecution must turn over all exculpatory evidence to the defendant in a 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 their 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.

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<span class="mw-page-title-main">Acquittal</span> The legal result of a verdict of not guilty

In common law jurisdictions, an acquittal means that the prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal prohibits the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, like Australia and the UK, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction — but usually only if new and compelling evidence comes to light or the accused has interfered with or intimidated a juror or witness.

The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact. If the prosecution does not prove the charges true, then the person is acquitted of the charges. The prosecution must in most cases prove that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused must be acquitted. The opposite system is a presumption of guilt.

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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. Evidence that tends to show a person's innocence is considered exculpatory evidence.

Doyle v. Ohio, 426 U.S. 610 (1976), is a United States Supreme Court case regarding the Due Process rights of the Fourteenth Amendment.

Kyles v. Whitley, 514 U.S. 419 (1995), is a United States Supreme Court case that held that a prosecutor has an affirmative duty to disclose evidence favorable to a defendant pursuant to Brady v. Maryland and United States v. Bagley.

In United States criminal procedure, the Federal government and certain states have reciprocal discovery laws that compel defendants to disclose some information to prosecutors before trial. Within the federal court system, this material is referred to as reverse Jencks Act material, after the United States Supreme Court case which established the principle, Jencks v. United States.

Giglio v. United States, 405 U.S. 150 (1972), is a United States Supreme Court case in which the Court held that the prosecution's failure to inform the jury that a witness had been promised not to be prosecuted in exchange for his testimony was a failure to fulfill the duty to present all material evidence to the jury, and constituted a violation of due process, requiring a new trial. This is the case even if the failure to disclose was a matter of negligence and not intent. The case extended the Court's holding in Brady v. Maryland, requiring such agreements to be disclosed to defense counsel. As a result of this case, the term Giglio material is sometimes used to refer to any information pertaining to deals that witnesses in a criminal case may have entered into with the government.

Napue v. Illinois, 360 U.S. 264 (1959), was a United States Supreme Court case in which the Court held that the knowing use of false testimony by a prosecutor in a criminal case violates the Due Process Clause of the Fourteenth Amendment to the United States Constitution, even if the testimony affects only the credibility of the witness and does not directly relate to the innocence or guilt of the defendant.

United States v. Bagley, 473 U.S. 667 (1985), was a Supreme Court of the United States case that established the standard for materiality under Brady v. Maryland.

United States v. Ruiz, 536 U.S. 622 (2002), was a decision by the United States Supreme Court in which the Court held that Brady v. Maryland did not require prosecutors to disclose impeachment evidence during plea bargaining.

United States v. Agurs, 427 U.S. 97 (1976), was a case heard by the Supreme Court of the United States in 1976. The case clarified the obligation of a prosecutor to provide exculpatory evidence to a criminal defendant.

In the law of evidence, consciousness of guilt is a type of circumstantial evidence that judges, prosecutors, and juries may consider when determining whether a defendant is guilty of a criminal offense. It is often admissible evidence, and judges are required to instruct juries on this form of evidence. Deceptive statements or evasive actions made by a defendant after the commission of a crime or other wrongdoing are seen as evidence of a guilty conscience. These are not the typical behaviors of an innocent person, and a "defendant's actions are compared unfavorably to what a normal, innocent person would have done, with the implication that the discrepancy indicates guilt".

References

  1. Lehman, Jeffrey; Phelps, Shirelle (2005). West's Encyclopedia of American Law, Vol. 7 (2 ed.). Detroit: Thomson/Gale. p. 286. 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. James W. H. McCord, Sandra L. McCord (2001). Criminal Law And Procedure For The Paralegal: A Systems Approach. Thomson Delmar Learning. p. 454. 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. Garner, Bryan A. (1999) [1891]. "Exculpatory evidence". Black's Law Dictionary (7th ed.). St. Paul, Minnesota: West Publishing. p. 577. 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.