2007-10-19 15:24:46 · 2 answers · asked by Natalia B 1 in Politics & Government ➔ Law & Ethics
Not really -- it directly defeats one element of the crime -- the presence of the defendant.
But it functions as an affirmative defense for procedural purposes -- meaning the defense needs to give notice to the prosecution that it will be offering alibi evidence, and most such evidence is presented by the defense after the prosecution has rested.
2007-10-19 15:42:03 · answer #1 · answered by coragryph 7 · 0⤊ 1⤋
No. It's a reason why you couldn't have committed the crime though. An affirmative defense means that you are saying "yes I did that, but I have a legal reason for doing that, which will exculpate me." Like self defense. e.g."Yes, I killed the guy but only to save my own life."
It switches the burden of proof onto the defendant.
2007-10-19 22:50:48 · answer #2 · answered by Eisbär 7 · 1⤊ 0⤋