An Overview of Exculpatory Evidence – MDCLC

Kimberly2 1Author:

Kimberly J. Benjamin, Founder & Managing Attorney

Missouri defendants in criminal trials may obtain an acquittal or a dismissal in a case through exculpatory evidence. Exculpatory evidence is defined as anything that would tend to establish that a person is not guilty of committing a crime. Data from a cellphone or DNA test results could be examples of this type of evidence.

In some cases, a defendant may be able to access the personnel file of a police officer by asserting that it could prove his or her innocence. As a general rule, prosecutors must turn over any exculpatory or impeachment evidence that they possess. Impeachment evidence could be used to cast doubt on the credibility of a witness. If such evidence is not turned over, a failure to do so could be grounds for an appeal or a request for a new trial. That was the key takeaway in the Supreme Court case of Brady v Maryland.

Failing to provide this type of evidence could also be grounds for pressing charges against a prosecutor. Exculpatory evidence may need to be revealed to a defendant even if it wouldn’t be admissible in court. Typically, defendants must also be informed about any inculpatory evidence that a prosecutor has against them. Inculpatory evidence is any information that would generally prove that a defendant is guilty of committing a crime.

criminal defense attorney is likely going to look for as much exculpatory or impeachment evidence as possible to use during a trial. This may help an individual obtain a plea deal or an acquittal. In some cases, it may be possible to use such evidence to get a case dismissed. An attorney may also work to get evidence suppressed or take other steps to erode a prosecutor’s case.

The Impact of Mandatory Minimum Sentencing Laws on DWI Cases

The Impact of Mandatory Minimum Sentencing Laws on DWI Cases

What Is the Significance of Mandatory Minimum Sentencing Laws on DWI Cases? Mandatory minimum sentences are an important aspect of the criminal justice system in Missouri. The term refers to the minimum sentence that a convicted person must serve. The judge cannot...