Title: What Is 'Exculpatory' Evidence? - FindLaw
Headings: What Is 'Exculpatory' Evidence?
What Is 'Exculpatory' Evidence?
Legal Definition
Legal Responsibilities
Legal Limits

Content: The right of a defendant to be aware of and have access to exculpatory evidence is essential to a fair trial, so prosecutors must notify defendants of inculpatory evidence and must turn over any exculpatory evidence that the prosecutor possesses. In Brady v. Maryland, the Supreme Court ruled that criminal defendants may be entitled to a new trial if prosecutors fail to turn over evidence favorable to the defendant, whether exculpatory or impeachment. ( Impeachment evidence, when it comes to criminal trials, refers to prior acts or statements that would affect a witness's credibility.) In fact, prosecutors who withhold exculpatory evidence could find themselves facing criminal charges. And that requirement may even include evidence that wouldn't be admissible in court. Legal Limits
Naturally then, the arguments come down to what, exactly constitutes exculpatory evidence. Recently, courts have been considering whether access to police personnel records qualifies as exculpatory or impeachment evidence under Brady. These arguments can be complicated depending on state laws and the evidence involved, and are often best made by an experienced criminal defense attorney. So if you've been charged with a crime, contact one today. Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory)
Trial Rights (FindLaw's Learn About the Law)
Feds Can't Deport Defendant's Only Exculpatory Witness (FindLaw's U.S. 9th Circuit Blog)
Happy 50th Brady: