exculpation

Exculpation is the act of freeing someone from blame or guilt. In a legal context, it refers to evidence or arguments that negate or reduce a person’s culpability, or to the process by which liability or responsibility is removed.

In criminal law, exculpatory evidence is information that tends to show the defendant’s innocence or undermine the prosecution’s case. The prosecution has a duty to disclose exculpatory evidence to the defense, a requirement reinforced by due process principles and, in the United States, by rulings such as Brady v. Maryland. Failure to disclose such evidence can lead to remedies including new trials, exoneration, or reversal of convictions. Exculpatory evidence contrasts with inculpatory evidence, which favors the prosecution and supports guilt.

Exculpation can also occur through verdicts or post-conviction relief. An acquittal is a jury verdict or judicial finding of not guilty; exoneration, more broadly, is the formal clearing of guilt, often after new evidence or investigations establish innocence or reveal constitutional violations in the original proceedings.

In civil and contract contexts, exculpation may appear as exculpatory clauses or waivers that limit liability for certain risks or harms. The enforceability of such clauses varies by jurisdiction and context; they are typically scrutinized for fairness, scope, and public policy considerations, and may be invalid if they seek to excuse gross negligence, intentional harm, or activities of a legally protected nature.

Overall, exculpation centers on removing or reducing liability and guilt, whether through favorable evidence in criminal proceedings or contractual protections in civil contexts.