Download This PaperInvestigating and Presenting an Alibi Defense
43 Pages Posted: 5 May 2020
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Investigating and Presenting an Alibi Defense
Date Written: April 9, 2020
Abstract
The New Jersey Supreme Court has said that “few defenses have greater potential for creating reasonable doubt as to a defendant's guilt in the minds of the [jurors than an alibi].” But is alibi a powerful defense, or a risky gambit with a high likelihood of backfiring?
In two-thirds of exoneration cases, the innocent defendant offered an alibi which was rejected by the fact finder. This article explores the psychology of autobiographical memory, how police and jurors perceive alibi witnesses, common interview and interrogation tactics, common cross-examination questions, and offers some guidance about how to better present this defense.
Keywords: Alibi, Autobiographical Memory, Interrogation, Cross-Examination
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