When a person has been accused of a crime, there are several types of evidence that can be used to either prove their guilt or innocence. One type of evidence is known as exculpatory evidence, and it involves information that would be favorable to the defendant. It is a Constitutional right for criminal defendants to have access to exculpatory evidence, even if they do not ask for it.
If you have been accused of a crime, your attorney will seek the best evidence available to help you fight the case and avoid prosecution. While they do not have to request exculpatory evidence held in a defendant’s case, they generally will make a motion to ensure that all evidence that could potentially exonerate you is revealed and considered in your defense.
What Is Exculpatory Evidence?
As noted, exculpatory evidence is information that the prosecution has that would be favorable to your case. This type of evidence can include eyewitness or expert witness testimony, surveillance videos, photos, text messages, emails, and physical evidence that help make your argument while disproving at least some of the prosecution’s claims against you. Here is a look at the type of exculpatory evidence your attorney has a right to obtain when defending you.
Types of Exculpatory Evidence That Can Be Present in a Criminal Case
Perhaps the most important type of exculpatory evidence is the type that shows you are not guilty of the crime. For example, if a woman is accused of retail theft, yet surveillance video from the store clearly shows a bearded man taking the item in question, this evidence shows that the woman did not commit the crime. There is also evidence that can show that a crime was not committed. There are certain elements that must be proven by the prosecution in order to obtain a conviction, and if the evidence negates any element of the crime, then a conviction cannot occur.
In some cases, there can also be evidence that can cast doubt on testimony offered by one of the prosecution’s witnesses, such as a written or recorded promise by a prosecutor that a witness will not face criminal penalties for their own actions in exchange for their testimony. This type of evidence is known as impeachment evidence and can include promises by the prosecutor, payments from the prosecution, information about the witness’ drug use, or instances of the witness lying in the past. Additionally, exculpatory evidence can include information that the court would use to justify a reduction in punishment, such as the defendant being a first-time offender or that they only played a minor role in the crime that was committed.
Prior inconsistent statements are another form of evidence that can cast doubt on witness testimony. These statements, which contradict the witness’s current testimony, can be used to challenge the accuracy and reliability of the prosecution’s evidence.
How Is Exculpatory Evidence Obtained?
Usually, prosecutors understand the ethical obligation of sharing information they have that is favorable to a defendant with the defendant’s attorney. Interviewing witnesses is a crucial part of gathering exculpatory evidence. However, because prosecutors tend to look at the evidence in a case through the lens of which evidence will best prove a defendant’s guilt, they often miss details that could help the defendant disprove guilt. Because of this, many pieces of information that could be useful for the defendant are not received by their attorney until it is too late to incorporate it into their defense strategy. To combat this issue, criminal defense attorneys will take the information provided by their clients in order to learn more about the types of evidence that could be useful to their case.
A criminal defense attorney will often then conduct an independent investigation of the purported crime in order to see what evidence they can uncover. They will also review the evidence they have obtained through discovery, as these materials often lead to additional information being revealed or uncovered. They can also obtain this evidence through a motion filed in court that compels the prosecution to turn over any additional evidence from law enforcement officers and law enforcement agencies. These motions usually provide very detailed descriptions of the type of evidence the defense attorney is seeking from the prosecution.
It should be noted that the defendant must show how having a specific piece of evidence will help their case. This can be done by showing that it proves the defendant’s innocence, could reduce their sentence, or could discredit testimony against them.
What Happens if the Prosecution Fails to Turn Over Exculpatory Evidence Under the Brady Rule?
The requirement that prosecutors turn over exculpatory evidence, often referred to as Brady material, is mandated by the Brady rule. This rule, established after the 1963 case Brady v. Maryland, requires prosecutors to disclose exculpatory evidence to the defense. In that case, a man was convicted of murder and sentenced to death, only for it to be revealed post-sentencing that the prosecutor had failed to share with the defense that the man’s accomplice had already confessed to the murder. Exculpatory evidence can cast doubt on the defendant’s guilt, potentially altering the outcome of the trial. The U.S. Supreme Court held that if all the evidence had been presented in court, the jury would have likely come to a different decision and that—because of this—the defendant was denied his Constitutional right to due process.
If the court discovers that a prosecutor has withheld exculpatory evidence, the defendant’s conviction can be reversed, and a new trial can be ordered. Additionally, if the court discovers that the withholding of the evidence was intentional, the prosecutor faces sanctions, which generally involve fines.
To Learn More About How to Protect Your Rights in a Criminal Case, Call a Criminal Defense Attorney at RGSG
Individuals who have been accused of crimes are guaranteed through the U.S. Constitution to have the right to due process. One of the many important services that a criminal defense attorney from Rubin, Glickman, Steinberg & Gifford, P.C. can provide to their clients the protection of their rights during a criminal case.
Criminal convictions can have a number of negative outcomes, including the loss of freedom and financial penalties. Let us help you develop a greater understanding of the criminal court process and explain the services we can provide. For a consultation with a skilled criminal defense attorney from RGSG, fill out our contact form or call us at (215) 822-7575.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
June 20, 2024
