Williams v. Florida/Concurrence Burger

Mr. Chief Justice BURGER, concurring.

I join fully in Mr. Justice WHITE's opinion for the Court. I see an added benefit to the notice-of-alibi rule in that it will serve important functions by way of disposing of cases without trial in appropriate circumstances-a matter of considerable importance when courts, prosecution offices, and legal aid and defender agencies are vastly overworked. The prosecutor upon receiving notice will, of course, investigate prospective alibi witnesses. If he finds them reliable and unimpeachable he will doubtless re-examine his entire case and this process would very likely lead to dismissal of the charges. In turn he might be obliged to determine why false charges were instituted and where the breakdown occurred in the examination of evidence that led to a charge.

On the other hand, inquiry into a claimed alibi defense may reveal it to be contrived and fabricated and the witnesses accordingly subject to impeachment or other attack. In this situation defense counsel would be obliged to re-examine his case and, if he found his client has proposed the use of false testimony, either seek to withdraw from the case or try to persuade his client to enter a plea of guilty, possibly by plea discussions which could lead to disposition on a lesser charge.

In either case the ends of justice will have been served and the processes ecpedited. These are the likely consequences of an enlarged and truly reciprocal pretrial disclosure of evidence and the move away from the 'sporting contest' idea of criminal justice.

Mr. Justice BLACK, with whom Mr. Justice DOUGLAS joins, concurring in part and dissenting in part.