“McDonough v. Smith ”:“ Favorable Termination ”and the Confusing Civil Law of Wrongful Convictions
Does a plaintiff who sues the police for falsifying evidence against him in a criminal case have to prove that he has been formally exonerated in that case? The answer to this question, like too many other important questions affecting the ability of people to be compensated for wrongful convictions, is: No one really knows.
Two types of police misconduct are common in wrongful conviction cases: first, hiding evidence favorable to the defense, or Brady Equipment; second, fabricating evidence, which may mean forcing a suspect or witness to make a false statement or make up a statement that a witness has never made.
This content has been archived. It is available from our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Why am I seeing this?
LexisNexis® and Bloomberg Law are third-party online distributors of the extensive collection of current and archived versions of ALM’s legal news publications. LexisNexis® and Bloomberg Law clients may access and use ALM content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal and Corporate Counsel, as well as other sources. legal information.
For any questions, call 1-877-256-2472 or contact us at [email protected]