The Free Dictionary  
mailing list For webmasters
Welcome Guest Forum Search | Active Topics | Members

Do You Know of Plea of Alibi?#37 Options
Ashwin Joshi
Posted: Friday, June 09, 2017 11:58:54 AM

Rank: Advanced Member

Joined: 8/3/2016
Posts: 1,247
Neurons: 66,421
Location: Jandiāla Guru, Punjab, India
Plea of alibi is that form of defense through which accused attempts to prove that he was in some other place at the time when alleged offense was committed. In fact, criminal’s laws have provided accused different defenses to prove his innocence against accusation. No-doubt, plea of alibi is one of such defenses. However, plea of alibi is considered different from all of other such defenses.

Me Gathering Pebbles at The Seashore.-Aj
Romany
Posted: Saturday, June 24, 2017 3:50:32 AM
Rank: Advanced Member

Joined: 6/14/2009
Posts: 12,877
Neurons: 39,271
Location: Brighton, England, United Kingdom

Ashwin - as I'm not at all familiar with the Indian Penal Code, I'd never before heard of "plea of alibi" - which sounds a little strange to Westerners.

So I went and looked it up.

Though I still don't quite understand it, thank you for bringing it to our attention.
TMe
Posted: Saturday, June 24, 2017 11:28:28 AM

Rank: Advanced Member

Joined: 1/12/2017
Posts: 490
Neurons: 3,109
Romany wrote;
Ashwin - as I'm not at all familiar with the Indian Penal Code, I'd never before heard of "plea of alibi" - which sounds a little strange to Westerners.

So I went and looked it up.

Though I still don't quite understand it, thank you for bringing it to our attention.







In criminal law, the accused is armed with a vast array of defenses, both in substantive law, as well as in procedural law. In a criminal case, courts will consider all the facts, circumstances and the defenses raised by the accused and will only promulgate a judgement of conviction if it finds that an accused is guilty beyond reasonable doubt of the crime charged.[1] What if, however, the only defense an accused has available to him is Alibi, how must the court consider his defense? What are the procedural means which must be followed when making use of this defense?

Sadly, the law currently views alibi rather simplistically as the “weakest defense.” Jurisprudence has been very consistent with this, as it has ruled in case after case that: “alibi is an inherently weak defense because it is easy to fabricate and highly unreliable.”

In terms of procedure, no rules currently exist for its appreciation with the exception of the above pronouncements in case law.[4] In the Philippines, alibi is not considered a positive defense, neither is it considered rebuttal evidence. This characterization will have significant implications as to the appreciation of alibi during trial, and which may prejudice an otherwise innocent accused who chooses to raise this defense.

In contrast, alibi in the United States is appreciated very differently from the Philippines. There is a proper procedure for the raising of this specific defense. Furthermore, US courts characterize alibi as more or less a “complete defense.”

In this study, the author will look at the history of the alibi defense in the Philippines, and show the evolution of the defense, or lack thereof. This will be followed by a discussion of how the alibi defense is characterized in the Philippines and America. Lastly, he will discuss American procedure when raising the alibi defense and how juries are instructed to appreciate an alibi with a view to how the Supreme Court or the Legislature may be able to amend the rules on alibi in the future.


In stark contrast to Philippine jurisprudential rules on alibi, American jurisprudence has been much more accommodating on accused interposing this defense. US courts have declared that alibi, “if established, constitutes a complete, legitimate, and effective defense and precludes the possibility of guilt.[30]”

The question thus arises if whether or not alibi may be considered an affirmative defense in the US. In the United States, as in the Philippines, there is no definite pronouncement as to whether alibi is an affirmative defense or not as some American authorities consider alibi as merely a “rebuttal” defense while others consider it an affirmative defense which the accused has the burden of establishing.[31] Since it is neither an affirmative or rebuttal defense, alibi should simply be characterized as a “complete and direct denial of the state’s case,”[32] the distinction being that that an affirmative defense admits the act charged but seeks to justify the act or exempt or mitigate liability, while an alibi defense essentially denies that the accused committed the act charged. In the U.S., evidence to prove an alibi is not regarded as an attempt to prove an independent, affirmative defense. The prosecution still has the burden of proving the accused’s presence beyond a reasonable doubt, and the accused may, by any legitimate evidence, rebut or disprove this essential factor in the case for the prosecution.



I am a layman.
Sarrriesfan
Posted: Monday, June 26, 2017 9:03:25 AM

Rank: Advanced Member

Joined: 3/30/2016
Posts: 696
Neurons: 4,473
Location: Luton, England, United Kingdom
I think Rom is familiar with the term Alibi used as a criminal defense in a court case, but it is intresting that the India penal code has a plea of Alibi.

In the UK the three most common pleas I know of are "Guilty", "Not Guilty" and " Not Guilty by means of diminished responsibility", the last plea applies when a person has committed a crime but tries to persuade the court that there was another factor to blame for their guilt.

This last one applies in certain circumstances, a person who experiences a sudden awful event might have a mental breakdown, or other brain abnormalities can lead to abberant behaviour such as a brain tumour.

In the UK a person would plead "Not Guilty " and an alibi might form part of their defense, but I don't think they would actually plead "Alibi".

I lack the imagination for a witty signature.
Ashwin Joshi
Posted: Monday, June 26, 2017 10:23:00 AM

Rank: Advanced Member

Joined: 8/3/2016
Posts: 1,247
Neurons: 66,421
Location: Jandiāla Guru, Punjab, India




Me Gathering Pebbles at The Seashore.-Aj
Drag0nspeaker
Posted: Monday, June 26, 2017 10:55:59 AM

Rank: Advanced Member

Joined: 9/12/2011
Posts: 26,896
Neurons: 146,892
Location: Livingston, Scotland, United Kingdom
I agree - an alibi is simply a statement of being elsewhere.
It's not a special plea - just the very obvious reason for pleading not guilty. "Can't have been me, I wasn't there."

alibi noun
The fact of having been elsewhere when a crime in question was committed.


I don't understand how it can be considered a weak point.

If I was in London when the bank in Glasgow was robbed, I cannot be guilty of the robbery.
It's very simple.

These days, it's almost impossible to mistake where someone has been.
CCTVs in rail stations and shops and city centres, in offices and factories, outside private houses.
Electronic bus, tram and train tickets.
Dated and timed receipts in shops.
GPS tracking on phones.

*************
The bank was robbed some time between 1am and 6am on Sunday.
I travelled to London Saturday (train ticket, CCTV record at London Victoria at 9pm Saturday).
Booked into a hotel in London at 11pm (CCTV record at the check-in, debit card record).
Had breakfast Sunday morning at the hotel (CCTV record, witness statements if needed).

As I do not have the ability to teleport, the robbery was not me.
It wouldn't even GET to court and require any sort of plea.

*************
That article from the Times shows it.
He did not plead Alibi.

He pleaded 'not guilty'.
The prosecution were not able to show his presence at the robbery so he was found not guilty.

Prosecution has to prove motive, means and opportunity.
If he was not there, he did not have the opportunity.
He had an alibi.


Wyrd bið ful aræd - bull!
TMe
Posted: Saturday, September 09, 2017 11:56:09 AM

Rank: Advanced Member

Joined: 1/12/2017
Posts: 490
Neurons: 3,109
'Alibi' is acceptable unless proved otherwise, as usual.

I am a layman.
Users browsing this topic
Guest


Forum Jump
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.

Main Forum RSS : RSS
Forum Terms and Guidelines. Copyright © 2008-2017 Farlex, Inc. All rights reserved.