Information about Exculpatory Evidence

Evidence
Part of the common law series
Types of evidence
Testimony · Documentary evidence
Physical evidence · Digital evidence
Exculpatory evidence · Scientific evidence
Demonstrative evidence · Real evidence
Hearsay: in U.K. law · in U.S. law
Relevance
Burden of proof
Laying a foundation
Subsequent remedial measure
Character evidence · Habit evidence
Similar fact evidence
Authentication
Chain of custody
Judicial notice · Best evidence rule
Self-authenticating document
Ancient document
Witnesses
Competence · Privilege
Direct examination · Cross-examination
Impeachment · Recorded recollection
Expert witness · Dead man statute
Hearsay (and its exceptions)
Excited utterance · Dying declaration
Party admission · Ancient document
Declarations against interest
Present sense impression · Res gestae
Learned treatise  · Implied assertion
Other areas of the common law
Contract law · Tort law · Property law
Wills and Trusts · '''Criminal law

Exculpatory evidence is the evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt. In many countries such as the United States, if the police or prosecutor has found such evidence, he/she must disclose it to the defendant. The prosecution's failure to disclose exculpatory evidence can result in the dismissal of a case. The opposite is inculpatory evidence, which tends to prove a person's guilt.

Example

A victim is murdered by stabbing and an accused person is arrested for the murder. Evidence includes a knife covered with blood near the victim and the accused found covered in blood at the murder scene by the police. During the investigation, the police interview a witness claiming to have watched the stabbing occur. The witness makes a statement to the police claiming the stabbing was by another unknown person, not the accused.

The witness' statement is exculpatory evidence, since it could introduce reasonable doubt as to the guilt of the accused. The police believe the witness' account is not true or the witness is unreliable and choose to not follow up on the lead.

The prosecutor is obliged to inform the accused and their attorney of the witness statement even if the police doubt the witness' version of events. If they fail to do so, the defendant would have grounds for appeal or for a motion to dismiss.

Refer to case California v. Trombetta.