ALIBI

• NCJ Number: 55714
• Author(s): R N GOODERSON
• Date Published: 1977
• Length: 298 pages
• Corporate Author: Heinemann Educational Books Ltd
• Sale Source: Heinemann Educational Books Ltd
• Language: English
• Country: United Kingdom
• Note: CAMBRIDGE STUDIES IN CRIMINOLOGY N 37

Annotation

STATUTORY AND CASE LAW ON THE HANDLING OF ALIBI EVIDENCE IN CRIMINAL TRIALS BEFORE JUDGE AND JURY IS CONSIDERED FOR ENGLAND AND THE UNITED STATES, AND TO A LESSER EXTENT FOR SCOTLAND AND CANADA.

Abstract

ALTHOUGH UNDER COMMON LAW A DEFENDANT IS ALLOWED TO KEEP HIS DEFENSE UNDISCLOSED UNTIL THE INTRODUCTION OF EVIDENCE AT THE TRIAL, MANY STATE LAWS IN THE UNITED STATES AND NATIONAL LAW IN ENGLAND AND SCOTLAND PROVIDE THAT ALIBI EVIDENCE MUST BE DISCLOSED BY THE DEFENSE PRIOR TO TRIAL IN THE INTEREST OF ALLOWING THE PROSECUTION TO CHECK THE VALIDITY OF SUCH EVIDENCE. CHALLENGES TO THE CONSTITUTIONALITY OF SUCH UNITED STATES STATUTES ARE EXAMINED. PROCEDURES FOR HANDLING ALIBI EVIDENCE PRESENTED AT A TRIAL WITHOUT PRIOR DISCLOSURE ARE ALSO DISCUSSED. THE AUTHOR SUGGESTS THAT THE REQUIREMENT TO SERVE NOTICE OF ALIBI SHOULD EXTEND TO ACTS PREPARATORY OR SUBSEQUENT TO THE OFFENSE ITSELF AS WELL AS TO THE TIME OF THE COMMISSION OF THE OFFENSE. THE TIMING OF THE NOTICE SHOULD BE GEARED TO A DATE A NUMBER OF DAYS AFTER THE END OF COMMITTAL PROCEEDINGS OR A NUMBER OF DAYS BEFORE THE BEGINNING OF THE TRIAL, WHICHEVER IS LATER. ON SERVING A NOTICE OF ALIBI, A DEFENDANT SHOULD BE ENTITLED TO CALL UPON THE PROSECUTION TO STATE THE TIME, DATE, AND PLACE OF THE OFFENSE IN APPROPRIATE DETAIL. IF THIS INFORMATION DIFFERS FROM THE PARTICULARS GIVEN IN THE CHARGE, THE DEFENDANT SHOULD BE GIVEN TIME TO SUPPLY ALIBI DETAILS FOR THE AMENDED DATE. THE SANCTION FOR FAILURE TO GIVE AN ALIBI NOTICE SHOULD PRIMARILY BE EXCLUSION OF THE EVIDENCE, EXCEPT THAT NO SUCH SANCTION SHOULD BE APPLIED TO THE EVIDENCE OF THE DEFENDANT HIMSELF. EVIDENCE OF IDENTIFICATION IS DISCUSSED AS AN ISSUE NORMALLY ASSOCIATED WITH EVIDENCE PRESENTED TO CONFIRM OR REFUTE AN ALIBI. A BIBLIOGRAPHY AND INDEX ARE PROVIDED. THE BOOK IS INTENDED FOR THOSE INVOLVED IN THE INVESTIGATION OF CRIME, THE COLLECTION OF EVIDENCE, THE EXAMINATION OF WITNESSES, THE DIRECTION OF JURIES, AND THE HEARING OF APPEALS. (RCB)