13) A "statement" is the broadest term of the three, including confessions, admissions, or inculpatory
utterances that fall short of being confessions or admissions, as well as exculpatory statements.
299) Indeed, the suspect had not provided inculpatory
statements while subject to custodial interrogation for three hours before police provided him with Miranda warnings.
statements suppressed, and in each case the confession
Under Stinchcombe, both exculpatory and inculpatory
evidence must be disclosed, (139) while O'Connor requires the material to be "logically probative".
, or neutral--is unknown, as in these
120) It may be psychologically painful to witness the admission of self-incriminating evidence, but how is it is any more painful than witnessing the admission of any other kind of inculpatory
Exculpatory evidence tends to establish a criminal defendant's innocence while inculpatory
evidence tends to show one's involvement in a crime.
131) Critical to Westinghouse's case was the ability to obtain discovery of inculpatory
documents that several defendants had conveniently stored in foreign jurisdictions.
93) In finding the inculpatory
statements involuntary, the court tied the problem of deception to a bedrock constitutional principle: "[w]hat transpired during defendant's interrogation was not consonant with and, indeed, completely undermined, defendant's right not to incriminate himself--to remain silent.
108) Once tested, DNA results may be inculpatory
or inconclusive and have no effect on the conviction.
The Fourth Circuit held that classified exculpatory evidence could be introduced through the CIPA summary substitution procedure but that inculpatory
evidence could not.
fourteen and sixteen made inculpatory
statements after having been