Does an alibi amounts to false testimony if the judge rules in favour of circumstantial evidences against the accused? If the circumstantial evidence that is presented against the accused is true, then it follows that the alibi must be false and hence indictable of false testimony. However, a circumstantial evidence is inconclusive in nature, and it opens the possibility that the judgement might be wrong. In any case, is the alibi giver liable to be charged with false testimony because the judge rules that the accused is guilty on the premise of circumstantial evidence?Does an alibi amounts to false testimony if the judge rules in favour of circumstantial evidences?
It doesn't matter which type evidence resulted in a conviction. If the defendant is convicted, it's possible for the alibi witness to be charged with perjury.
That usually only happens, though, if the alibi witness is involved in the criminal conspiracy. S/he was paid to give false testimony, for example.
Most often, the alibi witness is simply mistaken, so perjury charges are rare.Does an alibi amounts to false testimony if the judge rules in favour of circumstantial evidences?
WHAT ARE YOU studying law or a student in a law school? I should say no to the fact that alibi amounts to false testimony if the judge rules in favor of circumstantial evidence. An alibi is defined as
1: the plea of having been at the time of the commission of an act elsewhere than at the place of commission ; also : the fact or state of having been elsewhere at the time
2: an excuse usually intended to avert blame or punishment (as for failure or negligence).
Everybody is free to state whatever or wherever she or he maybe at the time of the commission of the crime. That is her or his rights to do so. Now you are questioning if her or his alibi is true or not defends on the evidence presented in court or eye witnesses on the case. If the judge rules in favor of circumstantial evidence against the accused therefore the circumstantial evidence out weights her or his alibi in court. Yes circumstantial evidence is inconclusive in some aspect but not all the time. There are certain cases that the judge rules in favor of circumstantial evidence. But this are rare in some cases.
I should say no the alibi giver is NOT liable to be charged with false testimony because the judge rules that the accused is guilty on the premise of circumstantial evidence on the ground that he or she is already charge with the appropriate crime. So what is the point of charging the accuse of perjury or the voluntary violation of an oath or vow either by swearing to what is untrue or by omission to do what has been promised under oath : false swearing when the person is about to go to jail for the crime itself. The court is after the evidence presented in court not the alibi.
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