asked 57.6k views
5 votes
Can an indictment be dismissed because of the absence of exculpatory evidence?

1 Answer

2 votes

Final answer:

The absence of exculpatory evidence does not generally lead to the dismissal of an indictment.

Step-by-step explanation:

According to the Fifth Amendment, a person can be tried in federal court for a felony only after a grand jury issues an indictment indicating that there is enough evidence to prosecute them. Exculpatory evidence, which is evidence that could prove the defendant's innocence, is typically presented during the trial rather than during the indictment process. Therefore, the absence of exculpatory evidence would not necessarily lead to the dismissal of an indictment.

answered
User Joel B Fant
by
8.1k points
Welcome to Qamnty — a place to ask, share, and grow together. Join our community and get real answers from real people.