alibi

An alibi is a type of defense found in legal proceedings by demonstrating that the defendant was not in the place where an alleged offense was committed. There may be legal ramifications for not disclosing a true alibi defense, as well as penalties for providing a false alibi.

Alibi defense

An alibi is a judicial mode of defense under which a defendant proves or attempts to prove that he/she was in another place when a crime was committed; as, to set up an alibi; to prove an alibi. The Criminal Law Deskbook of Criminal Procedure ^[1] states: "Alibi is different from all of the other defenses; it is based upon the premise that the defendant is truly innocent." In the Latin language alibī means "somewhere else."

Duty to disclose

In some legal jurisdictions there may be a requirement that the defence disclose an alibi defence prior to a trial.

In Canada, the defence must disclose an alibi defence with sufficient time for the authorities to investigate the alibi, and with sufficient particularization to allow for a meaningful investigation. Failure to comply with the two requirements will result in the court making an adverse inference against the alibi defence (but will not result in the exclusion of the alibi defence).^[2]

Conversely, some judges in other jurisdictions have held the opinion that the mandatory early disclosure of alibis is controversial, possibly even unconstitutional.^[3]

False alibi

The giving of a false alibi, beside resulting in possible subsequent criminal offences (obstruction of justice, perjury, etc.), may, in some jurisdictions, result in negative ramifications for the trial itself.

In Canada, the giving of a false alibi may be used by the court as actual evidence of guilt, provided certain requirements are met.^[4][5] Specifically:

• The alibi must not be believed;
• There is evidence of an intention to fabricate the alibi that is independent from the evidence used to show the alibi is false; and
• The court must reject all innocent explanations offered that would explain why a false alibi was fabricated.

Alibi agency

An alibi agency, also called an alibi network^[6] forges explanations for unexcused absences, eg. due to an extramarital affair or adultery. In other words, alibi agencies are literally paid to lie for their customers.^[7][8] Originating in 1990s Japan, such services appeared in Europe in 2004,^[9][10] where they were condemned as immoral by the Catholic Church in Germany.^[11] They are the subject of the 2006 movie The Alibi.

References

1. ^ 1988; ISBN 0-8205-1217-6
2. ^ R. v. Cleghorn, [1995] S.C.R. 175 at para. 3
3. ^ Williams v. Florida, USSC, Dissenting opinion
4. ^ R. v. Hibbert, [2002] 2 S.C.R. 445
5. ^ R. v. O'Connor, (2002) 170 C.C.C. (3d) 365 (Ont. C.A.)
6. ^ http://www.alibinetwork.com/index.jsp
7. ^ Doctorow, Cory. PRO. EXCUSE MAKERS HELP YOU LIVE A LIE. Boing Boing/Kottke. 11/12/2006. URL:http://boingboing.net/2006/11/12/pro_excusemakers_hel.html. Accessed: 2011-04-18. (Archived by WebCite® at http://www.webcitation.org/5y2vReqmG)
8. ^ http://lostcauselessness.blogspot.com/2006/11/alibi-networks.html
9. ^ Bonnie Malkin: Agency offers cheaters £12 alibi - published at Telegraph.co.uk on 2007-9-12
10. ^ John Hooper: Infidelity finds a faithful friend in alibi agency - published at Theage.com.au on 2007-3-14
11. ^ Helen Nugent, Allan Hall: Now sex cheats can buy an alibi for £800 a day - published at Times Online on 2004-8-30

External links

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