Conn. Crim. Jury Instr. 2.7-2

The defendant has presented what is commonly known as an alibi defense. This is a rebuttal by

the defendant of the state’s attempt to prove that the defendant was present at the scene of the

crime and committed or participated in the acts charged.

It is up to the state to prove the defendant’s guilt beyond a reasonable doubt, which includes all

the elements of a crime, including the defendant’s presence at a stated place and the defendant’s

committing or participating in certain acts at that place at a given time.

1 The alibi evidence that

the defendant has placed before you seeks to convince you that the defendant was elsewhere at

the time and therefore could not possibly have committed the acts charged. Whether the

defendant was or was not present at the scene of the crime, and therefore could or could not have

done what the defendant has been charged with doing, is for you to decide, considering all the

facts in the case.

Remember, the defendant does not have to prove (his/her) claim that (he/she) was elsewhere. It

is sufficient if, on considering all the evidence, there arises in your minds a reasonable doubt as

to the defendant’s presence at the scene of the crime when it was committed. If you have such a

doubt, then the defendant is entitled to be found not guilty.

1 State v. Vasquez, 133 Conn. App. 785, 799 (2012); State v. Milardo, 224 Conn. 397, 405-407

(1993).