Megan Zumbuhl
Review Questions
1.Define the alibi defense and explain the role that alibi witnesses play in a case.
– An alibi defense is a type of denial defense in which it is claimed that the defendant could not
have committed the crime because he or she was not at the location of the crime when it was
committed. Most judges and juries will not give any weight to a defendant’s claim that he was
home sleeping or at a movie if there are no eyewitnesses to back up the alibi. Even when there
are alibi witnesses, they are frequently friends or family of the accused and, therefore, appear to
have a motive to lie.
2.In federal court, what duties of disclosure do the defense attorneys owe when the alibi defense
is raised?
– In federal court, the defense must disclose its intent to raise an alibi defense and must identify
all alibi witnesses during the discovery phase of a criminal prosecution. Rule 12.1(a) requires the
defendant to give notice of intent to assert the alibi defense within 14 days of the prosecutor’s
demand. The defense must name the specific place where the defendant claims to have been
when the crime was allegedly committed, along with the names, addresses, and telephone
numbers of the alibi witnesses.
3.In federal court, what duties of disclosure do the prosecuting attorneys owe when the alibi
defense is raised?
–Once the defendant has served notice on the prosecution, the prosecutor is obligated to furnish
the defense with the names, addresses, and telephone numbers of the witnesses who can establish
