A different definition of Alibi

by scotslawstudent

Just a quick definition post here but it’s far too good to hide away in my glossary of terms.

I’ve already got alibi listed in the glossary and as all law students who have done their semester of Criminal Law know :

alibi Lat, [I was] “somewhere else.” A special defence providing a complete defence from any accusations if accepted. As it is a special defence the defending counsel must submit it in advance of the trial beginning and defending counsel must accept the burden of proof to prove that the person truly could not commit the crime. The Criminal Law Deskbook of Criminal Procedure states: “Alibi is different from all of the other defenses…it is based upon the premise that the defendant is truly innocent.”

However, in the words of “Ireland’s International Comedian” Hal Roach:

“The judge said to Murphy, “Are you guilty or not?” Murphy said said, “I don’t know until I hear the evidence and that’s my alibi.”

The judge said, “Don’t you know what an alibi is?” Murphy said” Yes, your honour, an alibi is to be after proving that your weren’t where you were when you committed the offence that you didn’t commit at all, and what’s more I wasn’t there at the time.”

Now that’s one to remember when you start to practice drafting pleadings.

I know a little of that copy looks odd so I’ve included the original for the quote here:

I know some of that quote looks dodgy so I decided I\'d show the original here