Legal Dictionary

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Exculpatory Evidence

This is evidence that points to a criminal defendant's innocence. Exculpatory evidence is the opposite of inculpatory evidence, which is evidence that tends to prove guilt. Prosecutors are obligated to disclose exculpatory evidence in their possession or control when the evidence may be material to the outcome of the case. Failure to do so by the prosecution can sometimes result in a conviction being overturned.