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 South Dakota, as in other jurisdictions, an alibi is indeed a defense strategy used in criminal proceedings. An alibi defense involves evidence that supports the claim that the accused was at a different location at the time the crime was committed, and therefore could not have been involved in the alleged criminal act. The rules governing the use of alibi defenses in South Dakota would be consistent with the general principles of criminal law, which require the defense to notify the prosecution if they intend to present an alibi. This notification allows the prosecution to investigate the validity of the alibi and prepare for cross-examination of alibi witnesses. The burden of proof is on the prosecution to prove the defendant's guilt beyond a reasonable doubt, and a well-substantiated alibi can be a powerful factor in creating reasonable doubt. However, the defendant is not required to prove the alibi beyond a reasonable doubt; it is sufficient if the evidence raises a reasonable doubt about the defendant's presence at the crime scene.