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  • adj

Antonyms for exculpatory

clearing of guilt or blame

References in periodicals archive ?
(63) Nationally, roughly half of the prisoners exonerated by DNA testing have been able to obtain access to DNA evidence with the consent of district attorneys, and half, like Bruce Godschalk, have had to litigate to obtain access to the exculpatory evidence that set them free.
(124) Therefore, violations of existing law, such as the Brady doctrine (which requires the government to provide the defendant with any exculpatory evidence it possesses), (125) sufficiently demonstrate a bad faith government position.
In analyzing the role of police misconduct in wrongful convictions, the authors show that nine percent involve coerced confessions; 33 percent involve allegations of undue suggestion in pretrial identification procedures; nine percent are evidence fabrication; 36 percent, the suppression of exculpatory evidence, and nine percent involved the alleged coercion of witnesses.
Because of their never-say-die attitude toward upholding convictions, they often drag their feet when exculpatory evidence raises questions of innocence.
(His detailed accounts of numerous cases involving highly unethical, sometimes illegal prosecutorial conduct are available on the Post-Gazette's Web site at www.postgazette.com.) Moushey spent two years reviewing 1,500 allegations of prosecutorial misconduct; he uncovered dozens of cases in which government stings "trapped the innocent or exaggerated the misconduct of suspects," hundreds of instances in which prosecutors violated the law by failing to provide the defense with exculpatory evidence, and hundreds of cases in which they "tolerated or encouraged perjury."
Bagley,(69) the Supreme Court used general language about impeachment evidence that could be applicable to plea bargains: "This Court has rejected any such distinction between impeachment evidence and exculpatory evidence....
Or of withholding exculpatory evidence (if it exists) until after the election.
Although a court had already concluded the former Assistant United States Attorney intentionally withheld exculpatory evidence in the plaintiff's prior criminal trial, the court held his civil rights' claims against the AUSA either failed to state a claim or must be dismissed because of privilege.
According to Rainsberger, Benner submitted a probable cause affidavit that was riddled with lies and undercut by the omission of exculpatory evidence. Based on that affidavit, Rainsberger was arrested, charged, and imprisoned for two months.
They also argue they have qualified immunity for any failure to provide exculpatory evidence.
Further, the defense might claim the manifest unfairness to the defendant by an incomplete investigation or that the prosecution avoided efforts that could have uncovered potentially exculpatory evidence. A judge might also instruct the jurors that if they believe an investigation was conducted shoddily, they may reject it in its entirety.
Carey said the pair had done so by "withholding exculpatory evidence and providing deceptive answers to another judge in order to conceal the failure to make mandatory disclosure to criminal defendants whose cases were affected by Farak's misconduct."
"Said examination of the 2006 Buick Ranier would reveal exculpatory evidence; i.e.
Weinstein lawyer Benjamin Brafman said in a statement that the motions "reveal the existence of exculpatory evidence."