Alibi

An alibi is a defense used by accused persons to deny criminal or other charges by asserting they were somewhere else at the time of the offense. As a verb, the term applies to the act of providing that defense. The word is of Latin origin; it is a combination of alius meaning “other” and ubi meaning “where.”

Alibi literally means “other where.” An alibi is the claim of the suspect to be innocent of the charge because he or she was somewhere else at the time of the crime, and thus could not have committed the crime. In a nonlegal context, alibi simply means an excuse or a defense against any sort of charge.

The connotation of the term alibi is slightly negative, whether in a legal or popular context. The act of providing an excuse that is labeled an alibi has a shade of disrepute about it, as though it is a poor form of proof, but is the best available to the accused. The popular presumption is that relying on an alibi is a dubious or at least unsavory action. This distaste may be rooted in the fact that, by asserting an alibi, the accused does not claim that their character or values would preclude committing the offense in question. Instead, the accused argues from defeasibility, saying, “I could not have done it.” So the alibi is offered in a mechanical way; it claims “I was unable to commit this crime.” That stance is much less noble than the assertion, “I would not have done that.” This claim says, “I am not the sort of person who does things like that, whether or not I was somewhere else at the time of the crime.” So, this stance is an assertion about who one is, rather than where one is. By raising an alibi defense, an accused person makes no mention of a defense based on character. This position means that if the prosecutor can puncture the alibi, the accused remains under consideration for the charges. In fact, showing an alibi to be false confirms that the accused is at the very least a liar, and is perhaps guilty of the initial charge.

Unlike other explanations, an alibi defense is one of innocence. Some jurisdictions require that defense attorneys disclose their intention to offer an alibi defense prior to trial to allow prosecutors time to investigate. This requirement is unusual because under normal circumstances in a criminal trial, the defense has no obligation to reveal anything prior to trial. An alibi defense is not a frivolous undertaking; if proven to be false, the alibi may subject the defendant to charges of perjury or obstruction of justice.