Alibi Defense in the United States

An assertion that a criminal defendant was somewhere else at the time a crime was committed. If an alibi can be established, it conclusively demonstrates that a defendant could not be guilty of the criminal charge. An alibi defense can be asserted by a defendant through his or her own testimony. It is also possible, and probably more credible, to establish an alibi by calling other persons to testify as to the defendant’s whereabouts at the time of the crime.

See Also

Affirmative Defense (Criminal Process) Cross-Examination (Criminal Process) Witness (Criminal Process).

Analysis and Relevance

Advancing a believable alibi defense can be very effective for a criminal defendant. It is also subject to both federal and state rules of criminal procedure. Federal rules as well as those governing most states require a defendant to give prior notice of an alibi defense. Any witnesses called to support the alibi defense must be disclosed in advance. Disclosure rules are generally intended to make both sides aware of information and allow them to prepare their cases accordingly. The notice of alibi rule gives the prosecutor an opportu- joity to investigate alibi testimony in advance and prepare for cross-examination of alibi witnesses. Prior disclosure of alibi witnesses may also allow a prosecutor to impeach their testimony by calling other witnesses who might, for example, indicate a long-term friendship between the defendant and the alibi witness. If a long-term friendship could be shown, it might suggest that the alibi witness had motive to lie on behalf of the defendant.

Notes and References

1. Definition of Alibi Defense from the American Law Dictionary, 1991, California