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An alibi (, from the
Latin Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
, '' alibī'', meaning "somewhere else") is a statement by a person under suspicion in a crime that they were in a different place when the offence was committed. During a police investigation, all 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 closed-circuit television cameras to transmit a signal to a specific place on a limited set of monitors. It differs from broadcast television in that the signa ...
, 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 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 Adverse inference is a legal inference, adverse to the concerned party, drawn from silence or absence of requested evidence. It is part of evidence codes based on common law in various countries. According to Lawvibe, "the 'adverse inference' can ...
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 offence In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...
s (
obstruction of justice In United States jurisdictions, obstruction of justice refers to a number of offenses that involve unduly influencing, impeding, or otherwise interfering with the justice system, especially the legal and procedural tasks of prosecutors, investiga ...
,
perjury Perjury (also known as forswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an insta ...
, etc.), may, in some jurisdictions, result in negative ramifications for the trial itself, as it may be considered evidence of
consciousness of guilt In the law of evidence, consciousness of guilt is a type of circumstantial evidence that judges, prosecutors, and juries may consider when determining whether a defendant is guilty of a criminal offense. It is often admissible evidence, and jud ...
. 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 An affair is a relationship typically between two people, one or both of whom are either married or in a long-term monogamous or emotionally-exclusive relationship with someone else. The affair can be solely sexual, solely physical or solely em ...
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 int ...
for their customers. Originating in 1990s Japan, such services appeared in Europe in 2004, where they were condemned as immoral by the
Catholic Church The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...
in Germany.Helen Nugent, Allan Hall
"Now sex cheats can buy an alibi for £800 a day"
''
The Times ''The Times'' is a British Newspaper#Daily, daily Newspaper#National, national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its modern name on 1 January 1788. ''The Times'' and its si ...
'', 30 August 2004
They are the subject of the 2006 movie ''
The Alibi ''The Alibi'' is a 2006 American film directed by Kurt Mattila and Matt Checkowski and written by Noah Hawley. It stars Steve Coogan, Rebecca Romijn, and Selma Blair. The film was shown at 2006 CineVegas. The film was released to DVD on Decemb ...
''.


References

{{Authority control Criminal defenses Latin legal terminology