Exculpatory evidence refers to information that may exonerate the defendant and must be disclosed by which party?

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Exculpatory evidence is information that could exonerate the defendant or cast doubt on the government’s case. The obligation to disclose this favorable material rests on the prosecutor. Under due process requirements, notably Brady v. Maryland, the prosecution must provide the defense with any exculpatory evidence that is favorable and material to guilt or punishment, even if the prosecutor believes it would not help their case or would be difficult to admit at trial. This duty is ongoing and covers a range of materials, including witness statements favorable to the defense, alibi evidence, exonerating forensic results, or impeachment information about prosecution witnesses. The police may gather and preserve evidence, but the constitutional duty to disclose lies with the prosecutor, with the judge overseeing discovery to ensure the defendant receives such information.