NJ Exculpatory Evidence

Exculpatory Evidence in New Jersey Criminal Cases

In New Jersey, prosecutors are required to disclose exculpatory evidence to the defense in criminal cases. Exculpatory evidence is material that is favorable to the defendant and helps prove their innocence. Understanding the rules around exculpatory or “Brady” evidence is key for defendants seeking access to information that could exonerate them.

The Brady Rule

The landmark U.S. Supreme Court case Brady v. Maryland established that prosecutors must turn over exculpatory evidence to the defense. This includes evidence that [1]:

• Suggests the defendant is innocent
• Undermines the credibility of prosecution witnesses
• Could be used to impeach witnesses
• Points to another suspect

In New Jersey, this Brady obligation is codified under Court Rule 3:13-3(b).

Definition of Exculpatory Evidence

Exculpatory evidence is any information or material that [2]:

• Tends to justify, excuse or clear the defendant from alleged fault or guilt
• Negates or disproves evidence offered by the prosecution
• Mitigates punishment for the charged offense
• Could reasonably lead to a more favorable verdict for the defendant

This includes both substantively exculpatory evidence as well as impeachment evidence.

Examples of Exculpatory Evidence

Types of evidence prosecutors must disclose under Brady include:

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• Police reports or notes with exculpatory details
• Witness statements contradicting the prosecution’s theory
• Physical evidence like DNA or fingerprints pointing to another culprit
• Information about prosecution witnesses that call their credibility into question
• Prior inconsistent statements by prosecution witnesses
• Evidence of police misconduct in the case

When Brady Evidence Must Be Disclosed

Prosecutors have a continuing duty to disclose Brady material at all stages of a criminal case, not just during discovery. Exculpatory evidence that surfaces at any point must be promptly provided to the defense.

Delays in disclosing Brady evidence may constitute prosecutorial misconduct and violate the defendant’s due process rights.

Using Exculpatory Evidence at Trial

The defense may use exculpatory evidence to [3]:

• Cross-examine prosecution witnesses
• Challenge the credibility of prosecution evidence
• Establish reasonable doubt about guilt
• Present affirmative evidence of innocence
• Support arguments for dismissal of charges

Effective use of Brady material requires experienced criminal defense counsel.

Failing to Disclose Brady Evidence

If prosecutors suppress exculpatory evidence in violation of Brady, the court may [3]:

• Order the evidence disclosed if discovered post-trial
• Declare a mistrial if discovered mid-trial
• Dismiss the charges prior to trial
• Exclude prosecution evidence obtained through the Brady violation

Prosecutors who intentionally withhold Brady evidence may face professional discipline or criminal contempt charges.

Burden of Proof

The defendant must prove three elements to establish a Brady violation [3]:

1. The evidence was favorable to the defense
2. The prosecution suppressed the favorable evidence
3. Prejudice resulted from the suppression

However, Brady does not require proving the prosecutor acted in bad faith.

Appealing Brady Violations

If a court denies a Brady claim, the defense can raise the Brady issue again on appeal after conviction. Appellate courts analyze whether the suppressed evidence was material and its disclosure would have created reasonable probability of a different verdict.

Consult an Attorney if Brady Evidence is Withheld

The prosecution has an ongoing duty to disclose all exculpatory evidence that could help exonerate the accused. If you believe the state is suppressing Brady material in your case, an experienced criminal defense lawyer can compel disclosure and remedy due process violations.