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Exculpatory - Law Dictionary Search Results

Home Dictionary Name: exculpatory

exculpatory

exculpatory : tending or serving to exculpate [an clause in a contract] compare inculpatory ...


exculpatory evidence

exculpatory evidence see evidence ...


exculpatory no doctrine

exculpatory no doctrine : a doctrine in federal criminal law: an individual cannot be charged with making a false statement if the statement is a false denial of guilt made in response to a federal investigator's question NOTE: This doctrine is based on the Fifth Amendment protection against self-incrimination, and is often used as a defense to a charge of knowingly making a false statement. The doctrine is recognized in most federal Courts of Appeals. ...


Confession

Confession, a statement in order to amount to a 'confession' must either admit in terms the offence, or at any rate substantially all the facts which constitute the offence. An admission of an incriminating fact, howsoever grave, is not byitself a confession. A statement which contains an exculpatory assertion of some fact, which if true, would negative the offence alleged cannot amount to a confession, Veera Ibrahim v. State of Maharashtra, (1976) 2 SCC 302: AIR 1976 SC 1167 (1171): (1967) 3 SCR 672. [Evidence Act (1 of 1987), s. 24]'Confession' in common acceptation means and implies acknowledgment of guilt--its evidentiary value and its acceptability however shall have to be assessed by the Court having due regard to the credibility of the witnesses. In the event, however, the Court is otherwise in a position having due regard to the attending circumstances believes the witness before whom the confession is made and is otherwise satisfied that the confession is in fact voluntary and...


Brady material

Brady material [from Brady v. Maryland, 373 U.S. 83 (1963), in which the Supreme Court ruled that suppression by the prosecution of evidence favorable to a defendant who has requested it violates due process] : evidence known to the prosecution that is favorable to a defendant's case and material to the issue of guilt or to punishment and that the prosecution is obligated to disclose to the defense : exculpatory evidence known to the prosecution that must be disclosed ...


false statement

false statement : a statement that is known or believed by its maker to be incorrect or untrue and is made esp. with intent to deceive or mislead [submitted a false statement to obtain the loan] ;also : the federal crime of concealing a material fact, making a false statement, or using documents known to be falsified see also exculpatory no doctrine compare perjury ...


inculpatory

inculpatory : incriminating [made statements to the police] compare exculpatory ...


reasonable probability

reasonable probability : a probability that the result of a proceeding would have been different if not for the unprofessional errors of counsel or nondisclosure of exculpatory material by the prosecution which is sufficient to undermine confidence in the outcome ...


Disculpatory

Tending to exculpate exculpatory...


Exculpatory

Clearing or tending to clear from alleged fault or guilt excusing...


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