Massachusetts Jury Instruction - Alibi
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FAQ
Evidence that a defendant compromised or offered to compromise a claim arising from the same transaction with a third person not a party to the action is not admissible to prove the defendant's liability to the plaintiff.
An alibi defense is a defense based on information that a defendant was not at the scene of the crime when the crime occurred, that he was somewhere else and could not be the person who committed the crime. The defense can have witnesses testify and present evidence at trial to support an alibi defense.
Evidence of mere motive or opportunity to commit the crime in another person, without more, will not suffice to raise a reasonable doubt about a defendant's guilt: there must be direct or circumstantial evidence linking the third person to the actual perpetration of the crime."
Evidence that a third party committed the crimes charged against the defendant, or had the motive, intent, and opportunity to commit the crimes, is admissible provided that the evidence has substantial probative value.
Evid. 403. The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
Third party evidence is evidence which is obtained from someone other that the accused or the complainant. It is vital that we, as defence solicitors, obtain as much third party evidence in favour of the defendant as possible.
Such an instruction provides generally that if a party fails to produce a witness within his power to produce, the jury may infer that the testimony would have been adverse to that party (if it was under the party's control, if it could have been produced by the exercise of reasonable diligence, if it was not equally ...
Specific intent means that ?a defendant must not only have consciously intended to take certain actions, but that he also consciously intended certain consequences.? Commonwealth v. Gunter, 427 Mass. 259, 269, 692 N.E.2d 515, 523 (1998).