Define: Exculpatory Evidence

Exculpatory evidence refers to any evidence that tends to prove the innocence of a defendant in a criminal case. It can include witness statements, video footage, or any other evidence that contradicts the prosecution’s case.

Yes, under the legal principle known as Brady disclosure, the prosecution is obligated to disclose any exculpatory evidence to the defence. This ensures a fair trial and upholds the defendant’s constitutional rights.

If the prosecution fails to disclose exculpatory evidence, it can be considered a violation of the defendant’s due process rights. The court may grant a new trial or even dismiss the charges against the defendant.

Yes, exculpatory evidence can also be used in civil cases. It can help prove the defendant’s innocence or establish a defence against the plaintiff’s claims.

To obtain exculpatory evidence, you can request it from the prosecution or law enforcement agencies involved in your case. You may also hire a private investigator or consult with your defence attorney to gather relevant evidence.

No, the prosecution cannot suppress or withhold exculpatory evidence. Doing so would violate the defendant’s right to a fair trial and could lead to legal consequences for the prosecution.

Yes, if new exculpatory evidence is discovered after a conviction, it can be used to file an appeal or a post-conviction motion to overturn the conviction. However, the rules and procedures for introducing new evidence vary by jurisdiction.

If exculpatory evidence is lost or destroyed, it can be detrimental to the defendant’s case. The court may impose sanctions on the party responsible for the loss or destruction, and the defendant’s attorney may argue for a dismissal or other remedies.

Yes, exculpatory evidence can be used during plea negotiations to strengthen the defendant’s bargaining position. It can provide leverage to negotiate a more favorable plea deal or even lead to the dismissal of charges.

The defence has a duty to present exculpatory evidence that is known to them. Failing to do so may be considered ineffective assistance of counsel. However, if the defence was unaware of the evidence or it was withheld by the prosecution, they may not be held responsible.