Inculpatory evidence
Encyclopedia
Inculpatory evidence is a legal term used to describe evidence
that shows, or tends to show, a person's involvement in an act, or evidence that can establish guilt
. In criminal law
, the prosecution has a duty to provide all evidence to the defense
, whether it favours the prosecution's case, or the defendant's case. Evidence which tends to show a person's innocence is considered exculpatory evidence
.
For example, if a man is poisoned to death by an overdose of arsenic
, and a bottle of arsenic is found in the purse of his wife, that bottle could be considered inculpatory evidence against his wife.
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
that shows, or tends to show, a person's involvement in an act, or evidence that can establish guilt
Guilt
Guilt is the state of being responsible for the commission of an offense. It is also a cognitive or an emotional experience that occurs when a person realizes or believes—accurately or not—that he or she has violated a moral standard, and bears significant responsibility for that...
. In criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, the prosecution has a duty to provide all evidence to the defense
Defense (legal)
In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense in an attempt to avoid criminal or civil liability...
, whether it favours the prosecution's case, or the defendant's case. Evidence which tends to show a person's innocence is considered exculpatory evidence
Exculpatory evidence
Exculpatory evidence is the evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt. It is the opposite of inculpatory evidence, which tends to prove guilt....
.
For example, if a man is poisoned to death by an overdose of arsenic
Arsenic
Arsenic is a chemical element with the symbol As, atomic number 33 and relative atomic mass 74.92. Arsenic occurs in many minerals, usually in conjunction with sulfur and metals, and also as a pure elemental crystal. It was first documented by Albertus Magnus in 1250.Arsenic is a metalloid...
, and a bottle of arsenic is found in the purse of his wife, that bottle could be considered inculpatory evidence against his wife.