GroundRules
AS 12.61.127: Inadmissibility of statements taken in violation of AS 12.61.120 or 12.61.125.
Where this section sits in the code
- Title 12. Code of Criminal Procedure.
- Chapter 61. Rights of Victims; Protection of Victims and Witnesses.
- Article 2. Victim and Witness Information Confidentiality.
A statement obtained from a victim or witness in violation of AS 12.61.120 or 12.61.125 is presumed inadmissible in a prosecution of the defendant. To overcome the presumption of inadmissibility, the defendant must prove by clear and convincing evidence that
(1) the statement is reliable;
(2) similar evidence is unavailable from any other source; and
(3) failure to introduce the statement would substantially undermine the reliability of the fact-finding process and result in manifest injustice.
Collected 2026-09-02T06:16:46Z. Source file · JSON