Alibi

Alibi

The alibi defense is a subdivision of the general defense of identity. When asserted, the defendant claims that he or she could not have committed the crime in question because he or she was not present where the crime took place. However, the availability of remote access to computers through modems makes alibi a much harder defense to establish. If the acts constituting the crime could not have been performed from a remote location, the alibi defense may be viable. If the defendant claims that he or she was elsewhere when the criminal acts occurred, it is best to have witnesses establish the location of the defendant.

In some jurisdictions,FN93 if counsel intends to rely in whole or in part on alibi it is necessary to give notice of this defense to the prosecution, along with the names and addresses of all alibi witnesses.FN94 However, in most jurisdictions, the right against self-incrimination precludes such prosecutorial discovery, based on provisions of the federal and state constitutions.FN95 Nevertheless, in some jurisdictions the prosecution is allowed such information in discovery if the defense is then able to learn the names and addresses of the prosecution's witnesses to be used to refute the alibi defense.FN96