Delaware Alibi Instruction is a legal concept used in criminal trials that allows defendants to present evidence proving that they were not present at the scene of a crime when it occurred. This instruction is an important tool for defendants to establish their alibi and refute the prosecution's claims. In Delaware, the Alibi Instruction is considered a standard jury instruction and is included in the Delaware Criminal Jury Instructions. The instruction is typically read to the jury by the judge, explaining the burden of proof and the requirement for the prosecution to prove beyond a reasonable doubt that the defendant was present at the scene of the crime when it occurred. It emphasizes that if the defendant presents credible evidence supporting their alibi, it creates reasonable doubt and the jury must consider it in their deliberations. Delaware recognizes two different types of Alibi Instructions: 1. Traditional Alibi Instruction: This type requires the defendant to present evidence that they were not present at the crime scene when the offense was committed. The evidence can include alibi witnesses, such as family members, friends, or coworkers, who can provide corroborating testimony that the defendant was elsewhere during the time of the crime. The defendant also needs to establish that it was impossible or highly improbable for them to have committed the offense based on the distance or physical obstacles involved. 2. True Alibi Instruction: This type of instruction allows the defendant to provide evidence not only that they were not present at the scene of the crime but also that they were somewhere else corroborative linked to the time and place of the offense. This evidence can include alibi witnesses, surveillance footage, phone records, credit card receipts, or any other documentation that supports the defendant's claim of being elsewhere during the commission of the crime. By providing the Delaware Alibi Instruction in criminal trials, the legal system ensures that defendants have the opportunity to present credible evidence of their alibi, which can significantly affect the outcome of a case. It aims to protect the right to a fair trial and guarantees that the burden of proof remains on the prosecution to establish the defendant's guilt beyond a reasonable doubt.
Delaware Alibi Instruction
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