Define exculpatory and impeachment evidence and give an example of each. What occurs if the prosecution purposefully refuses to disclose evidence? What occurs if it was due to an error in judgment rather than purposefully?

Question

What will be an ideal response?

Answer 1

Exculpatory evidence is evidence that is favorable to the defendant. Pursuant to the Supreme Court
decision in Brady v. Maryland (1963), a prosecutor must disclose exculpatory evidence to the defendant if
such evidence is considered to be material evidence. For example, inconsistent reports of eyewitnesses.
Impeachment evidence is evidence that calls into question the credibility of a witness. For example,
evidence that a witness who identified the defendant as the offender was previously sued in court by the
offender and owed the offender a large civil judgment. If a prosecutor purposefully refuses to disclose
exculpatory evidence, the court will dismiss the case. If a prosecutor did not disclose exculpatory
evidence, and it was an error in judgment, this leads an appellate court to reverse a conviction and order a
new trial.