2.14 Explanatory: Deposition Evidence at Trial is testimony taken under oath outside a courtroom setting that is then used as evidence in a trial. This type of testimony is given before the trial begins and is usually used to establish facts that support the case being presented. The deposition can take the form of written or verbal statements, documents, or recordings. The testimony can be used to impeach a witness, set forth expert opinions, introduce documentary evidence, and provide background information. The deposition will usually include the name of the witness, the date the deposition was taken, and the name of the attorney who took the deposition. The deposition can be used by the court to decide certain legal issues, such as the admissibility of evidence or the credibility of a witness.
2.14 EXPLANATORY: DEPOSITION EVIDENCE AT TRIAL
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The United States Supreme Court has held that exculpatory evidence is any evidence that is favorable to the defendant on issues of guilt or punishment. Exculpatory evidence is also sometimes called ?Bradyevidence? or ?Bradymaterial,? a name that comes from the Court's decision in Brady v.
Evidence that could be used to challenge the credibility of a prosecution witness is also exculpatory and must be turned over to the defense. The U.S. Supreme Court has ruled repeatedly for more than 60 years that the prosecutor's disclosure of exculpatory evidence to the defendant is essential to a fair trial.
The Brady rule, named after Brady v. Maryland, requires prosecutors to disclose material, exculpatory information in the government's possession to the defense.
Evidence that could be used to challenge the credibility of a prosecution witness is also exculpatory and must be turned over to the defense. The U.S. Supreme Court has ruled repeatedly for more than 60 years that the prosecutor's disclosure of exculpatory evidence to the defendant is essential to a fair trial.
In criminal law, exculpatory evidence is evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant. In other words, the evidence is favorable to the defendant. In contrast to it, inculpatory evidence tends to stress guilt. See also: Brady Rule.
Exculpatory evidence, on the other hand, supports a defendant's innocence. It can include proof of an alibi, an eyewitness statement, video footage, audio recordings or any other physical evidence that shows doubt that the person in question committed the crime.
There are essentially three ways to use a deposition at trial. The first is reading from the deposition of a witness that is unavailable. The second is reading from the deposition of an opposing party. The third is using the deposition for impeachment.
Depositions are usually hearsay and are thus inadmissible at trial. There are, however, three exceptions to the hearsay rule that are particularly relevant to deposition testimony. The first is when a party admits something in a deposition that is against their interest.