Home » What does it mean to disclose exculpatory evidence?

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What does it mean to <i>disclose</i> exculpatory evidence? — 11 Comments

  1. While it’s somewhat possible that a future hypothetical Republican president may pardon Chansley (and others), I can’t imagine that any of the wholey corrupt apparatchiks of the current DOJ will ever be held to account for any of their malfeasance with regards to this case or any of the cases of the other J6 defendants.

    I get the impression that there’s a generally apathy even among many Republican voters with regards to the treatment of the various January 6th individuals. It might be my imagination, but it’s as if many GOP voters just want the whole affair to be left in the past and for everyone to move on. Consequently they don’t really care that much about the complete lack of justice for these people. It’s a sad state of affairs.

  2. Nonapod (3:52 pm) begins, “While it’s somewhat possible that a future hypothetical Republican president may pardon Chansley (and others), I can’t imagine that . . . ”

    At this juncture, given the way events and underlying forces are unfolding, I can’t imagine a future Republican president, hypothetical or actual.

  3. I’m with MJR here. Given the past elections, both 2018 and last year, I can’t see how there will ever be a Republican president again. Half the country are now “woke”, and the other half will be negated by election fraud.

  4. I am no longer content, or happy, even, to be an American citizen, given the obvious, flagrant high-level corruption in the highest levels of the federal government. I respect and honor the America that was when I was young, when the Star-Spangled Banner was sung by everyone and the NBA did not deem China a glory hole.

    I do not understand the many “woke” idiots and the obvious vote fraud which I endure in the USA, as physicsguy has pointed out above. These idiots are manipulated by the MSM, now a propaganda dispensary.

    Let us perhaps recall that St. George Floyd was full of a lethal dose of fentanyl, had an enormously long criminal history, when Chauvin apprehended him. For which the cop is doing life in prison for a knee on the side of Floyd’s neck. Insanity. Everywhere one now reads Chauvin “murdered” him, which is utter nonsense.
    St. George died of suicide by drug, not by a cop following official procedure. The official autopsy concluded that Floyd had a deadly dose of fentanyl in him. Chauvin “killed” a walking dead man. But St. George was black, Chauvin white. Racial justice!
    Sorry to have rehashed the memories. Neo will disagree with me, I’m sure.
    Blacks are 13% of us Americans. But we have ennobled them above all others, despite their wretched “culture” of abortion and single parenthood. I hope the Asian-American discrimination lawsuit against the Ivies has a just outcome.

  5. In what you clipped, this stood out:
    “exculpatory evidence, or evidence favoring the defendant”

    Is it deliberately misleading, or just ignorance, do you think? Exculpatory is not evidence *favoring* the defendant, it’s evidence that clears the defendant of wrongdoing, proves his innocence. These days I actually wouldn’t be surprised to learn that either is the case- either the writer really doesn’t know what exculpatory means, or that they do but want to downplay that the DOJ is prosecuting someone when they have (and withheld) evidence that fully clears them.

  6. I look at the DOJ as Javert and most Jan. 6th accused as Jean Val Jean. Les Deplorables are being railroaded with no justice.

    The Constitution was designed to prevent this, but humans keep proving that the concept of life, liberty, and the pursuit of happiness with justice for all is hard to maintain.

    Well, it’s not completely lost until and unless the Democrats win in 2024. It’s time for all citizens who, believe in the Constitution to come to the aid of the nation. Things look bad but we can’t give up.

  7. Kshoosh:

    No, you are wrong.

    This is the definition of exculpatory evidence:

    In criminal law, exculpatory evidence is evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant. In other words, the evidence is favorable to the defendant. In contrast to it, inculpatory evidence tends to stress guilt.

    Tending to – not “proving.”

    Here’s an example from Wiki:

    A victim is murdered by stabbing and a suspect is arrested for the murder. Evidence includes a knife covered with blood found near the victim and the accused found covered in blood at the murder scene. During the investigation, the police interview a witness claiming to have seen the stabbing. The witness makes a statement to the police that another unidentified person committed the crime, not the accused. The witness’s statement is exculpatory evidence as it introduces reasonable doubt as to the guilt of the accused. The police either do not believe the witness’s account or else find the witness unreliable and choose not to follow up on the lead. The prosecutor is obliged to inform the accused and his or her attorney of the witness’s statement even though the police doubt the witness’s version of events. Failure to do so would provide grounds for a motion to dismiss the charges or an appeal of a subsequent guilty verdict.

  8. Cicero:

    I have been quite consistent in saying that I think Chauvin was wrongly convicted, and that there was plenty of reasonable doubt that Floyd was murdered, and that I think that a fentnyl overdose was the causative agent. So there is no disagreement there.

    However, Chauvin did not get a life sentence. His federal and state sentences run concurrently (see this). He would be in his mid-60s when he got out, perhaps minus some years for good behavior.

    Lastly, they say “murder” because, legally, he was found guilty in a court of law (even though you and I agree he murdered no one). Of course, they were also using the word “murder” right from the start, to set up their successful propaganda campaign.

  9. It should be a matter of law that ALL exculpatory and inculpatory evidence must be turned over to defense counsel at least one month before the onset of a trial. That Congress did not long ago create such a law is an injustice and calls into question the entire Justice System. Prosecutors should have been the very first to call for such a law and would have done so had they been interested even in the least in justice. The founders believed that it was better that the guilty go free then that the innocent be punished, which is the entire rationale for “innocent until proven guilty”. No less so than our politicians, many perhaps most lawyers and judges are in the system for the wrong reasons.

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