Following Disclosure of Evidence Rules with Evidence Software

Discover the importance of learning disclosure of evidence rules, why is it important, and what impact it might have on the court proceedings.

Over the years, there have been many exonerations, and non-disclosure of evidence is part of the reason. Therefore, it is necessary to understand the importance of Disclosure of Evidence Rules.

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We'll start off by letting you know of the elements that make the requirement for disclosure of evidence ultimately more necessary.

Wrongful Convictions

Getting imprisoned for a crime you didn’t perpetrate is unjust and tragic. Although the legal system is comprehensive, and defendants and prosecutors are instructed to follow an extensive list of guidelines, there are still some critical data that gets lost in the heaps of evidence or there might be some fault in the process of disclosure of evidence by the prosecutor.

One of the many unfair verdicts is a famous story of five teenagers who were accused of an atrocious crime where they were forced by the police officers to state some impeaching statements and consequently were sentenced to between five and fifteen years of prison.

In 2002, a man named Matais Reyes admitted to the felony that the teenagers were blamed for and his story was further strengthened by the DNA evidence.

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Source: Innocence Project

Types of Evidence

It is critical to ensure that all evidence that proves guilt or innocence associated with a case must be presented in a court of law. Disclosure of evidence rules is important for people to learn about the impact evidence can have on the life of the innocent or guilty.

Evidence is commonly classified into three categories, which are exculpatory, inculpatory, and impeachment evidence. It is important to keep a record of this evidence. See how the Evidence Library in VIDIMZO DEMS helps people to do that.


Exculpatory Evidence

This type of evidence usually suggests that the accused is not accountable for the crime that he or she is blamed for or implies that the prosecution has proved to be incapable to provide any substantial evidence that confirms the allegation against the defendant.

Inculpatory Evidence

This type of evidence is of great importance to attain a guilty verdict against the accused as inculpatory evidence confirms that the defendant is responsible for the crime committed and appeals for a justifiable punishment for the alleged perpetrator.

Impeachment Evidence

Any comment that conflicts with the defendant's trial testimony is referred to as impeachment evidence.

For instance, eyewitness swearing against the defendant can alter their account during the trial process and refute earlier comments they had made on oath. Even if this may not demonstrate innocence, it does damage the prosecution's case.

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Why is the Disclosure of Evidence by the Prosecutor important?

Disclosure of Evidence by the Prosecutor is important as it confirms that every piece of evidence has been mentioned in the court of law and now the jury can make a just decision considering all the evidence material.

For example, by studying the Brady rule, we can understand why Disclosure of Evidence Rules is essential in Brady’s case he was found guilty of the murder and was handed over a death sentence verdict because the prosecutor failed to mention to the jury that Brady’s friend already admitted that he did the actual killing.

The court insisted on hearing that evidence as it will help them in reaching a decision and Brady received a ruling of a lifetime sentence. Since then, any evidence that proves that the accused is not guilty and can be innocent should be handed over to the jury by the prosecutor.

This type of evidence is called Brady Material and this act of handing over the evidence to the defense is called the Brady rule.


Does the prosecution have to turn over evidence?

This is one of the common questions that we come across when talking about evidence rules and the answer is simple it is mandatory for the prosecutor to turn over any evidence that proves innocence or guilt.

It doesn’t matter if it weakens the prosecutor’s case, but the jury should be aware of any piece of information that can have an impact on the final verdict.

If you are looking for a solution where prosecutors and defendants can maintain evidence and record every proceeding to manage it in an organized manner, then feel free to explore VIDIZMO DEMS by contacting the VIDIZMO team to get a free product demo.

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Posted by Javeria Hasan

Javeria is a Product Marketing Analyst at VIDIZMO, an expert in video streaming technologies and solutions. You can email at for any queries.

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