Guam Alibi Instruction
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How to fill out Alibi Instruction?
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FAQ
Denial is an intrinsically weak defense which must be buttressed with strong evidence of non-culpability to merit credibility. Alibi is an inherently weak defense, which is viewed with suspicion and received with caution because it can easily be fabricated.
The so-called rule that an alibi must be disclosed "at a time when an investigation may uncover something" with "full particulars of the defence" is an exception to the general rule of inadmissibility of pre-trial silence.
The defendant must then inform the government of the specific place at which he claims to have been when the offense is alleged to have been committed, and of the names and addresses of the witnesses on whom he intends to rely to establish his alibi.
By presenting a solid alibi, the defense can shift the burden of proof onto the prosecution, requiring them to demonstrate beyond a reasonable doubt that the accused was indeed present at the scene. Secondly, an alibi serves as an affirmative defense strategy that aims to create a reasonable alternative scenario.
? Alibi is the weakest defense that an accused can avail of, and oral proof thereof must be clearly and satisfactorily established because it is so easily manufactured and usually so unreliable that it cannot be given credit. 2. ID.; WITNESS' TESTIMONY WHEN CANNOT BE RELIED ON.
