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The SODDI Defense ("Some Other Dude Did It" or "Some Other Dude Done It") is often used when there is no question that a crime occurred, such as in murder or assault cases, where the defendant is not asserting self-defense. 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.

In Holmes v. South Carolina, 547 U.S. 319, 126 S. Ct. 1727, 1731, 164 L. Ed. 2d 503 (2006), the 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. [1]

Another example of SODDI defense was the case of Lewis "Scooter" Libby, who was indicted for obstructing justice and making false statements to a government agent and a grand jury. [2]

One variation of the SODDI defense is the Trojan Horse Defense in cybercrime cases. The main argument is that a virus or malware is responsible for the defendant's actions. [3] [4]

References


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