Alibi - Revision history

Ibjadmin: /* Notes */

2010-11-12T13:39:00Z

Notes

← Older revision		Revision as of 15:39, 12 November 2010
Line 26:		Line 26:

	<references/>		<references/>

	~~See [[Defenses]]~~

Ibjadmin: /* United States */

2010-11-12T13:38:54Z

United States

← Older revision		Revision as of 15:38, 12 November 2010
Line 19:		Line 19:
	Under the Federal Rules of Criminal Procedure § 12.1, the government can request in writing a defendant’s alibi statement before the criminal trial proceedings begin. The defendant must then reply to the government within 14 days, providing a list of the exact locations the defendant is claiming to have been during the alleged criminal activity and the contact information of all alibi witnesses the defense intends to call. The government must then provide the defense with a list and contact information for its witnesses as well. In its discretion, the court can exclude witness testimony not disclosed under the rule and also has the ability to excuse failures of disclosure on a showing of good cause.<ref>Fed. R. Crim. P. § 12.1, available at http://www.law.cornell.edu/rules/frcrmp/Rule12_1.htm</ref>		Under the Federal Rules of Criminal Procedure § 12.1, the government can request in writing a defendant’s alibi statement before the criminal trial proceedings begin. The defendant must then reply to the government within 14 days, providing a list of the exact locations the defendant is claiming to have been during the alleged criminal activity and the contact information of all alibi witnesses the defense intends to call. The government must then provide the defense with a list and contact information for its witnesses as well. In its discretion, the court can exclude witness testimony not disclosed under the rule and also has the ability to excuse failures of disclosure on a showing of good cause.<ref>Fed. R. Crim. P. § 12.1, available at http://www.law.cornell.edu/rules/frcrmp/Rule12_1.htm</ref>

	State courts have also upheld statutes requiring the disclosure of alibi witness information before trial. In Williams v. Florida, the U.S. Supreme Court held that a state law requiring alibi witness disclosure did not violate the 5th Amendment right against self-incrimination – the alibi witness disclosure rules allow sufficient discovery to ensure a fair and speedy trial and prevents unnecessary surprise during criminal proceedings.<ref>Williams v. Florida, 399 U.S. 78 (1970), available at http://supreme.justia.com/us/399/78/case.html</ref> Similarly, the State is required to disclose rebuttal and evidentiary witnesses to the defense in order to comply with the rules of due process for the alibi defense.<ref>Wardius v. Oregon, 412 U.S. 470 (1973), available at http://supreme.justia.com/us/412/470/case.html</ref>		State courts have also upheld statutes requiring the disclosure of alibi witness information before trial. In Williams v. Florida, the U.S. Supreme Court held that a state law requiring alibi witness disclosure did not violate the 5th Amendment right against self-incrimination – the alibi witness disclosure rules allow sufficient discovery to ensure a fair and speedy trial and prevents unnecessary surprise during criminal proceedings.<ref>Williams v. Florida, 399 U.S. 78 (1970), available at http://supreme.justia.com/us/399/78/case.html</ref> Similarly, the State is required to disclose rebuttal and evidentiary witnesses to the defense in order to comply with the rules of due process for the alibi defense.<ref>Wardius v. Oregon, 412 U.S. 470 (1973), available at http://supreme.justia.com/us/412/470/case.html</ref>
			----
			See [[Defenses]]

	= Notes =		= Notes =

Eric.n.feldman: /* Alibi */

2010-11-03T09:22:16Z

Alibi

← Older revision		Revision as of 11:22, 3 November 2010
Line 1:		Line 1:

	= Background =		= Background =

Eric.n.feldman at 06:16, 2 November 2010

2010-11-02T06:16:15Z

@@ Line 1: / Line 1: @@
-For example, if the defendant is accused of committing a robbery on Smith Street at noon on Thursday, October 12, an alibi defense would consist of testimony and/or evidence that at that time, defendant was at another location.
+= Background =
-Alibi evidence is often given by a witness who testifies that he was with the defendant at the time in question.  Of course it is necessary to probe that individual to determine whether he has a motive to lie (for example, if he is a close friend or relative of the defendant).  The defense lawyer should also explore whether there are alternative methods of proving the defendant's whereabouts such as a train ticket or witnesses who are unrelated to him.
+An alibi is a defense to a crime by demonstration that the defendant was not in the place where an alleged offense took place.  Unlike many other defenses that are meant to justify criminal activity, an alibi defense is evidentiary in nature and meant to show that the defendant is actually innocent because he could not have possibly committed the alleged actions.
 See [[Defenses]]

Ibjadmin: /* Defenses */

2010-06-08T20:15:25Z

Defenses

← Older revision		Revision as of 22:15, 8 June 2010
Line 5:		Line 5:
	Alibi evidence is often given by a witness who testifies that he was with the defendant at the time in question. Of course it is necessary to probe that individual to determine whether he has a motive to lie (for example, if he is a close friend or relative of the defendant). The defense lawyer should also explore whether there are alternative methods of proving the defendant's whereabouts such as a train ticket or witnesses who are unrelated to him.		Alibi evidence is often given by a witness who testifies that he was with the defendant at the time in question. Of course it is necessary to probe that individual to determine whether he has a motive to lie (for example, if he is a close friend or relative of the defendant). The defense lawyer should also explore whether there are alternative methods of proving the defendant's whereabouts such as a train ticket or witnesses who are unrelated to him.

	~~== Defenses ==~~		See [[Defenses]]

	~~'''Table of Contents'''~~

	~~===Procedural Defenses===~~
	* [[Double jeopardy]]
	*[[ Statutory Limitation]]
	*[[ Lack of jurisdiction]]
	* [[Entrapment]]
	* [[~~Procedural defects]]~~
	* [[Motion to suppress]]
	*[[ Immunity and Public Authority]]

	~~===Normal~~ Defenses~~===~~
	* [[Self-Defense]]
	* [[Defense of others]]
	* [[Defense of property]]
	* [[Mental Incapacity]]
	* [[Alibi]]
	* [[Necessity]]
	* [[Duress]]
	* [[Physical Impossibility]]
	* [[Mistake of Law]]
	* [[Mistake of Fact]]
	* [[Mistake of identity]]
	* [[Consent]]
	* [[Lack of intent]]
	* [[Maltreated Women Syndrome]]
	*[[ Intoxication]]
	* [[Criminal act with Sincere Intent]]

Ddemetriou at 13:19, 31 May 2010

2010-05-31T13:19:49Z

← Older revision		Revision as of 15:19, 31 May 2010
Line 4:		Line 4:

	Alibi evidence is often given by a witness who testifies that he was with the defendant at the time in question. Of course it is necessary to probe that individual to determine whether he has a motive to lie (for example, if he is a close friend or relative of the defendant). The defense lawyer should also explore whether there are alternative methods of proving the defendant's whereabouts such as a train ticket or witnesses who are unrelated to him.		Alibi evidence is often given by a witness who testifies that he was with the defendant at the time in question. Of course it is necessary to probe that individual to determine whether he has a motive to lie (for example, if he is a close friend or relative of the defendant). The defense lawyer should also explore whether there are alternative methods of proving the defendant's whereabouts such as a train ticket or witnesses who are unrelated to him.

			== Defenses ==

			'''Table of Contents'''

			===Procedural Defenses===
			* [[Double jeopardy]]
			*[[ Statutory Limitation]]
			*[[ Lack of jurisdiction]]
			* [[Entrapment]]
			* [[Procedural defects]]
			* [[Motion to suppress]]
			*[[ Immunity and Public Authority]]

			===Normal Defenses===
			* [[Self-Defense]]
			* [[Defense of others]]
			* [[Defense of property]]
			* [[Mental Incapacity]]
			* [[Alibi]]
			* [[Necessity]]
			* [[Duress]]
			* [[Physical Impossibility]]
			* [[Mistake of Law]]
			* [[Mistake of Fact]]
			* [[Mistake of identity]]
			* [[Consent]]
			* [[Lack of intent]]
			* [[Maltreated Women Syndrome]]
			*[[ Intoxication]]
			* [[Criminal act with Sincere Intent]]

Ddemetriou at 14:44, 7 April 2010

2010-04-07T14:44:46Z

← Older revision		Revision as of 16:44, 7 April 2010
Line 1:		Line 1:
	With an alibi defense, the defendant tries to show that he did not commit the crime in question. The alibi defense consists of evidence that the defendant could not possibly have committed the crime, typically because he/she was not at the scene of the crime when it was committed.		With an alibi defense, the defendant tries to show that he did not commit the crime in question. The alibi defense consists of evidence that the defendant could not possibly have committed the crime, typically because he/she was not at the scene of the crime when it was committed.

	For example, if the defendant is accused of committing a robbery on Smith Street at noon on Thursday, October 12, an alibi defense would consist of testimony and/or evidence that at that time, defendant was at another location.		For example, if the defendant is accused of committing a robbery on Smith Street at noon on Thursday, October 12, an alibi defense would consist of testimony and/or evidence that at that time, defendant was at another location.

	Alibi evidence is often given by a witness who testifies that he was with the defendant at the time in question. Of course it is necessary to probe that individual to determine whether he has a motive to lie (for example, if he is a close friend or relative of the defendant). The defense lawyer should also explore whether there are alternative methods of proving the defendant's whereabouts such as a train ticket or witnesses who are unrelated to him.		Alibi evidence is often given by a witness who testifies that he was with the defendant at the time in question. Of course it is necessary to probe that individual to determine whether he has a motive to lie (for example, if he is a close friend or relative of the defendant). The defense lawyer should also explore whether there are alternative methods of proving the defendant's whereabouts such as a train ticket or witnesses who are unrelated to him.

Ddemetriou at 14:44, 7 April 2010

2010-04-07T14:44:30Z

← Older revision		Revision as of 16:44, 7 April 2010
Line 1:		Line 1:
	~~Alibi~~ defense ~~is used by~~ the defense ~~lawyer to argue~~ that the defendant ~~cannot~~ have committed the ~~unlawful act~~ because he was ~~in another place~~ at ~~that time~~ of the crime. ~~In employing this strategy~~, the ~~lawyer can provide credible~~ evidence, ~~such as the testimony of~~ a witness at the ~~scene~~ to ~~prove~~ the ~~accused~~'s ~~alibi~~.		With an alibi defense, the defendant tries to show that he did not commit the crime in question. The alibi defense consists of evidence that the defendant could not possibly have committed the crime, typically because he/she was not at the scene of the crime when it was committed.
			For example, if the defendant is accused of committing a robbery on Smith Street at noon on Thursday, October 12, an alibi defense would consist of testimony and/or evidence that at that time, defendant was at another location.
			Alibi evidence is often given by a witness who testifies that he was with the defendant at the time in question. Of course it is necessary to probe that individual to determine whether he has a motive to lie (for example, if he is a close friend or relative of the defendant). The defense lawyer should also explore whether there are alternative methods of proving the defendant's whereabouts such as a train ticket or witnesses who are unrelated to him.

Ddemetriou at 10:05, 7 April 2010

2010-04-07T10:05:50Z

← Older revision		Revision as of 12:05, 7 April 2010
Line 1:		Line 1:
	Alibi defense is used by the defense lawyer to argue that the defendant cannot have committed the unlawful act because he was in another place at that time of the crime.		Alibi defense is used by the defense lawyer to argue that the defendant cannot have committed the unlawful act because he was in another place at that time of the crime. In employing this strategy, the lawyer can provide credible evidence, such as the testimony of a witness at the scene to prove the accused's alibi.

Ddemetriou: Created page with 'Alibi defense is used by the defense lawyer to argue that the defendant cannot have committed the unlawful act because he was in another place at that time of the crime.'

2010-04-07T10:04:00Z

Created page with 'Alibi defense is used by the defense lawyer to argue that the defendant cannot have committed the unlawful act because he was in another place at that time of the crime.'

New page

Alibi defense is used by the defense lawyer to argue that the defendant cannot have committed the unlawful act because he was in another place at that time of the crime.