An alibi is a form of evidence used to defend against a criminal charge by demonstrating that the accused was somewhere other than the scene of the crime when the crime was committed.
In Delaware, as in other jurisdictions, an alibi is a defense strategy used in criminal proceedings where the defendant aims to prove they were in a different location at the time the alleged crime was committed, and therefore could not have been involved in the crime. The alibi defense is supported by evidence such as witness testimony, receipts, videos, electronic tracking, or any other documentation that can substantiate the defendant's claim of being elsewhere. Delaware's Rules of Evidence do not specifically address alibi evidence, but such evidence is admissible as it is relevant to the defendant's innocence. It is the defense attorney's responsibility to present this evidence in a timely and credible manner. If the evidence is compelling, it can create reasonable doubt about the defendant's guilt and lead to an acquittal. The prosecution may attempt to refute the alibi with evidence of its own, and the credibility of the alibi can be a significant factor in the outcome of the case.