Title: Exculpatory Evidence: Meaning and Examples - Opinion Front
Headings: Exculpatory Evidence: Meaning and Examples
Exculpatory Evidence: Meaning and Examples
What Does Exculpatory Evidence Mean?
Brady v. State of Maryland
Failure to Disclose Exculpatory Evidence
Post-conviction Disclosure of Exculpatory Evidence
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Content: The burden of proof lies with the defense, who claims that exculpatory evidence has been destroyed by the prosecution. It is really difficult to prove this claim, unless the evidence in question is one that is normally preserved in any criminal litigation. Failure on part of the prosecution to disclose exculpatory evidence may lead to dismissal of the case, reversal of conviction on appeal, or an order for a new trial. In other words, the defense may opt for a motion for dismissal or appeal against the conviction. They may also move the court for a new trial. Post-conviction Disclosure of Exculpatory Evidence
The importance of exculpatory evidence during trial has been upheld by various judgments. What about application of Brady rule after conviction? What if the prosecution comes up with some exculpatory evidence after conviction? Though there is no provision for disclosing such evidence after conviction, it has always been contended that it is ethical for the prosecutor to inform the appropriate authority as well as the convicted defendant. In short, Brady rule speaks about the prosecutor’s duty regarding exculpatory evidence.