When you hear criminal lawyers argue a case, you may hear the term “exculpatory evidence.” So, what exactly is exculpatory evidence, and why is it important? Here, we dig into this key legal concept and explore how it often plays a vital role in criminal cases.
Exculpatory Evidence Defined
Simply, exculpatory evidence is any evidence that tends to exonerate, or clear, a person who has been accused of a crime. Exculpatory evidence typically includes witness statements, police reports, and other materials that weaken the case against a person being tried for a criminal offense.
The Significance of Exculpatory Evidence
Exculpatory evidence can be the crucial factor in convincing a judge or jury that a person should not be found guilty of a criminal offense. This type of evidence can be used to demonstrate that the accused is an unlikely or impossible suspect. In a trial, inculpatory evidence is used to prove that the defendant is responsible for a crime; exculpatory evidence negates, or disproves, the prosecution’s allegations.
In the recent criminal trial of actor Jussie Smollett for disorderly conduct in lying to the police, his defense used exculpatory evidence in arguing that he was falsely accused of staging a hoax attack. This evidence included footage from grainy surveillance cameras, witness testimony and phone records.
Knowing When to Use Exculpatory Evidence
A criminal defense lawyer carefully uses exculpatory evidence when it will be most impactful. He or she has a responsibility to the accused to present evidence that follows the ethical rules of the justice system. Relevant evidence must be disclosed, and judges take a dim view of lawyers who purposely withhold exculpatory evidence or attempt to mislead the court.
Exculpatory evidence can be invaluable for courts and lawyers as they strive for justice. In criminal cases, exculpatory evidence plays an essential role in ensuring that those who are innocent of a crime are not unjustly convicted.