What is exculpatory evidence?

• A. Evidence that might be used to support the defendant's guilt.
• B. Evidence tending to clear a defendant of guilt or liability.
• C. Evidence admitted only at sentencing.
• D. Evidence obtained from an illegal search.

Answer: (B)

Exculpatory evidence means evidence tending to clear a defendant of guilt or liability. It is favorable to the defense because it can create reasonable doubt about the defendant’s responsibility for the alleged crime or incident. Think of things like an alibi placing the defendant somewhere else, a witness who contradicts the prosecution’s timeline, or forensic results that show the defendant could not be the source of the crime scene material. Because this kind of information can change the outcome, it’s typically required to be disclosed to the defense under due process and discovery rules. By contrast, evidence that supports guilt is inculpatory, evidence used only at sentencing isn’t defined as exculpatory, and evidence obtained illegally may be suppressed for separate legal reasons; none of these define exculpatory evidence.