An alibi (from the
Latin, ''
alibī'', meaning "somewhere else") is a statement by a person, who is a possible perpetrator of a crime, of where they were at the time a particular offence was committed, which is somewhere other than where the crime took place. During a police investigation, all possible suspects are usually asked to provide details of their whereabouts during the relevant time period, which where possible would usually be confirmed by other persons or in other ways (such as by checking phone records, or credit card receipts, use of
CCTV
Closed-circuit television (CCTV), also known as video surveillance, is the use of video cameras to transmit a signal to a specific place, on a limited set of monitors. It differs from broadcast television in that the signal is not openly t ...
, etc.).
During a criminal trial, an alibi is a
defence raised by the accused as proof that they could not have committed the crime because they were in some other place at the time the alleged offence was committed. The ''Criminal Law Deskbook'' of Criminal Procedure states: "Alibi is different from all of the other defences; it is based upon the premise that the defendant is truly innocent."
Duty to disclose
In some
legal jurisdictions
The contemporary national legal systems are generally based on one of four basic systems: civil law (legal system), civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped ...
there may be a requirement that the accused disclose an alibi defence prior to the trial. This is to enable the investigators to verify whether or not such a claim is true. This is an exception to the rule that a criminal defendant cannot normally be compelled to furnish information to the prosecution. Since the alibi involves evidence of innocence rather than guilt, the privilege against self-incrimination is not implicated.
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).
Conversely, some judges in other jurisdictions have held the opinion that the mandatory early disclosure of alibis is unfair, possibly even unconstitutional.
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.
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, forges explanations for unexcused absences, e.g. due to an
extramarital affair or adultery. In other words, alibi agencies are paid to
lie
A lie is an assertion that is believed to be false, typically used with the purpose of deceiving or misleading someone. The practice of communicating lies is called lying. A person who communicates a lie may be termed a liar. Lies can be inter ...
for their customers. Originating in 1990s Japan, such services appeared in Europe in 2004, where they were condemned as immoral by the
Catholic Church in Germany.
[Helen Nugent, Allan Hall]
"Now sex cheats can buy an alibi for £800 a day"
'' The Times'', 30 August 2004 They are the subject of the 2006 movie ''
The Alibi''.
References
{{Authority control
Criminal defenses
Latin legal terminology