Wooten further warned that withholding exculpatory
evidence would jeopardize the case.
But even factually guilty defendants need inculpatory evidence against them for several reasons: the adversary system cannot function unless the defense is adequately informed; evidence that appears inculpatory might, in the hands of the defense, prove to be exculpatory
or mitigating; and sentencing across cases may be inconsistent unless prosecutors are guided by clear, judicially enforceable rules.
All of the disregarded evidence was exculpatory
and was set aside.
If your client's goal is to limit exposure to a potential claim for breach of fiduciary duties, then formation of a Delaware LLC with an operating agreement that includes exculpatory
language may be an alternative to consider.
66) The defendants argued, alternatively, that they were protected from liability because they had relied on the work of other officers and employees as is permitted by North Carolina law, and that the director defendants were protected from liability because of the express elimination of liability provided by an exculpatory
clause in Cooperative's articles of incorporation.
Without a clear understanding of their legal rights and responsibilities, some consumers will mistakenly agree to exculpatory
Loughnan uses the term "manifest madness" to explore how both expert and lay knowledge have influenced exculpatory
mental incapacity doctrines.
As Kozinski notes, this approach guts the Brady rule by telling prosecutors they need not turn over exculpatory
evidence "so long as it's possible the defendant would've been convicted anyway.
being known to the police or having a mug shot), the expert panel involved in the study noted that this may bias police and prosecutors into prematurely narrowing the focus and ignoring potentially exculpatory
Ruto's trial had been due to begin on May 28, but his lawyers say that late disclosure of potentially exculpatory
evidence by the prosecutor had made it impossible for them to prepare his defence in time.
First, this article presents the details behind the two evidentiary problems of disclosure: that of exculpatory
confidential information and that of the identities of the prosecutor's intermediaries.
It quoted him as denying any insults to the Imam, saying, "I am just as critical of Islam as I am of Judaism and Christianity," hardly likely to be seen as an exculpatory
remark in the eyes of the Shia hierarchy.