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alibi
An alibi is a form of defense used in criminal procedure wherein the accused attempts to prove that he or she was in some other place at the time the alleged offense was committed. The ''Criminal Law Deskbook'' of Criminal Procedure〔1988; ISBN 0-8205-1217-6〕 states: "Alibi is different from all of the other defenses; it is based upon the premise that the defendant is truly innocent." In the Latin language ''alibī'' means "somewhere else."
==Duty to disclose==
In some legal jurisdictions there may be a requirement that the accused disclose an alibi defence prior to the trial. This is an exception to the rule that a criminal defendant cannot normally be compelled to furnish information to the prosecution. Since the alibi involves evidence of innocence rather than guilt, the privilege against self-incrimination is not implicated.
In Canada, the defence must disclose an alibi defence with sufficient time for the authorities to investigate the alibi, and with sufficient particularization to allow for a meaningful investigation. Failure to comply with the two requirements will result in the court making an adverse inference against the alibi defence (but will not result in the exclusion of the alibi defence).〔(''R. v. Cleghorn'' ), () S.C.R. 175 at para. 3〕
Conversely, some judges in other jurisdictions have held the opinion that the mandatory early disclosure of alibis is unfair, possibly even unconstitutional.〔(''Williams v. Florida'', USSC, Dissenting opinion )〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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