Kansas Alibi Instruction
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FAQ
If the defendant has a bona fide alibi, the charges against him can be dismissed. If his alibi is false, the investigation may disclose that fact and the prosecution will have sufficient time to secure rebuttal evidence.
To establish a successful alibi, you need to prove the following elements: You were not physically present at the time and location of the crime. You had no reasonable opportunity to commit the crime. There is no possibility that you committed the crime.
General Principles Alibi evidence must be evidence that is "determinative of the final issue of guilt or innocence of the accused." It must be dispositive of guilt or innocence. An admission of being a party to some events making up the crime but not others is not an alibi. It must completely absolve the accused.
An Alibi and Reasonable Doubt The defense also does not have to provide the alibi beyond a reasonable doubt. If the jury or judge does not believe the alibi defense, the prosecution still must prove all elements of the crime beyond a reasonable doubt.
To establish a credible alibi, the defendant and their legal counsel must provide concrete evidence that supports their claim of being in a different location at the time of the crime.
The burden of proof in an alibi defense is on the defendant. This means that the defendant must prove their alibi defense by a preponderance of the evidence, which is a lower standard of proof than beyond a reasonable doubt.
Ing to the California Criminal Jury Instructions 3400, an alibi is simply a contention by the defendant that they were not present when the crime occurred, therefore casting reasonable doubt as to whether they committed the crime.
An alibi is not an affirmative defense. The defendant is not admitting to anything and does not have the burden of proving their alibi. When a defendant raises an alibi, the burden of proof remains with the prosecution to prove the charge or charges against a defendant beyond a reasonable doubt.
