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 Wisconsin, 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 crime was committed and therefore could not have been involved in the alleged criminal act. The alibi defense is not specifically outlined in Wisconsin statutes, but it is a well-established principle in criminal law, supported by case law and procedural rules. If a defendant intends to use an alibi, they must typically notify the prosecution within a specific time frame before the trial, as dictated by Wisconsin's discovery rules. This notice must include the place where the defendant claims to have been at the time of the crime and the names of any witnesses the defense plans to call to support the alibi. Failure to provide timely notice can result in the exclusion of the alibi evidence. It is then up to the jury or judge to determine the credibility of the alibi as part of the overall assessment of the evidence presented at trial.