Difference between revisions of "Alibi"

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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.
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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.
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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. 
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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.

Revision as of 16:44, 7 April 2010

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.