SODDI defense

The SODDI defense ("Some Other Dude Did It" or "Some Other Dude Done It"[1]) is an informal phrase referring to a legal defense argument in which the defendant does not deny that a crime (e.g., murder or assault) occurred and is not asserting self-defense, but rather is asserting that they are not the one who did it.[2] It is also known as the alternate suspect defense.[3] The SODDI defense in a murder, rape or assault case is often accompanied by a mistaken identity defense and/or an alibi defense. Another common scenario where the SODDI defense is available is where the police find contraband in a car or residence containing multiple people. In this scenario, each person present could assert that one of the other people possessed the contraband.[4]

In Holmes v. South Carolina, 547 U.S. 319, 126 S. Ct. 1727, 1731, 164 L. Ed. 2d 503 (2006), the US Supreme Court held that a South Carolina statute that prohibited putting on a SODDI defense when the state's case was "strong" violated the Sixth Amendment right to put on a defense.[5]

See also

References

  1. ^ Suni, Ellen Yankiver (2000). "Ethics in Criminal Advocacy, Symposium, Who Stole the Cookie from the Cookie Jar?: The Law and Ethics of Shifting Blame in Criminal Cases". Fordham Law Review. 68 (5). New York City: Fordham University School of Law: 1644.
  2. ^ Steel, Chad M.S. (2014). "Technical SODDI Defenses: The Trojan Horse Defense Revisited". Journal of Digital Forensics, Security and Law. 9 (4). Ponce Inlet, Florida: Association of Digital Forensics, Security and Law. Retrieved January 22, 2024.
  3. ^ H. Michael Steinberg, Colorado Criminal Defenses – The Alternate Suspect – Misidentification As A Defense
  4. ^ Imwinkelried, Edward J. (Fall 2015). "Evidence of a Third Party's Guilt of the Crime that the Accused is Charged with: The Constitutionalization of the SODDI (Some Other Dude Did It) Defense 2.0". Loyola University Chicago Law Journal. 47 (1). Chicago, Illinois: Loyola University Chicago School of Law: 121–122.
  5. ^ Professional Responsibility in Criminal Defense Practice Archived July 24, 2011, at the Wayback Machine.


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