What is the test for giving jurors an alibi instruction in a criminal case?

MultiRegion, United States of America

The following excerpt is from U.S. v. Burse, 531 F.2d 1151 (2nd Cir. 1976):

It is well established that, under proper circumstances, the jury must be given an alibi instruction when the defense so requests. United States v. Megna, 450 F.2d 511 (5th Cir. 1971); United States v. Marcus, 166 F.2d 497, 503--04 (3d Cir. 1948). The reasoning behind this rule is not difficult to appreciate. Jurors are, by definition, untrained in the specifics of the law and, accordingly, must be instructed as to the legal standards they are bound to apply. In those cases where an alibi defense is presented, there exists the danger that the failure to prove that defense will be taken by the jury as a sign of the defendant's guilt.

Other Questions


Does the absence of an alibi instruction in a criminal case invalidate a defendant's alibi? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
What is the burden of proving a jury's failure to give the challenged instruction in a criminal case? (MultiRegion, United States of America)
Does a party who is a defendant in a criminal case have the ability to raise issues in a declaratory judgment action that cannot be resolved in the criminal case? ("New York", United States of America)
How has the court interpreted the language of Instruction 18 of the intoxication instruction in a criminal case? (MultiRegion, United States of America)
Can a juror commit a federal crime in order to serve as an juror in a criminal case? (MultiRegion, United States of America)
Can a motion seeking relief in a motion for relief against a defendant in a criminal case be considered a declaration of rights rather than interference with the criminal process? (MultiRegion, United States of America)
What is the test for giving instructions to a jury in a civil case? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.