What is exculpatory evidence?

• A. Evidence tending to show guilt
• B. Evidence presented at sentencing only
• C. Evidence that is always admissible
• D. Evidence tending to show innocence or reduces punishment

Answer: (D)

Exculpatory evidence is information that tends to show the defendant is not guilty or that punishment should be reduced. This includes things like an alibi, unreliable eyewitness identifications that undermine the prosecution’s case, or test results that point toward innocence. The key idea is that this type of evidence favors the defense and can exonerate or lessen liability. In practice, prosecutors must disclose material exculpatory evidence to the defense to ensure a fair trial (the Brady rule and state discovery rules). It isn’t automatically admissible in every case, but its defining feature is that it helps show innocence or reduces punishment. The other options describe guilt-favoring evidence, evidence limited to sentencing, or evidence that’s always admissible, which don’t match the concept.