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Exculpatory evidence

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Definition Edit

Exculpatory evidence is "evidence that tends to decrease the likelihood of fault or guilt."[1]

Overview Edit

In a criminal proceedings, the prosecution has an obligation to identify, preserve, and reveal exculpatory evidence to the defense. Those obligations vary according to jurisdiction, but typically require at a minimum that exculpatory evidence be made available to the defense in advance of trial and whenever discovered.

References Edit

  1. NIST, Guidelines on PDA Forensics, Glossary, at 58 (NIST Special Publication 800-72) (Nov. 2004) (full-text).

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