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: In United States v. Agurs, 427 U.S. 97 (1976), the court held that exculpatory evidence must be disclosed to the defense, even if there is no request from the latter. In United States v. Williams, 504 US 36 (1992), the Supreme Court ruled that the suspect has no right to present, and the grand jury has no obligation to consider, exculpatory evidence; it would be incompatible with the traditional system to impose upon the prosecutor a legal obligation to present such evidence. Failure to Disclose Exculpatory Evidence
If the defense claims that the prosecution has withheld some material evidence, the burden of proof lies with the former. The defense has to prove that the suppressed evidence was so important that it would have altered the outcome of the trial, had it been disclosed earlier. 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.