Sec. 12.61.127. - Inadmissibility of statements taken in violation of AS 12.61.120 or 12.61.125. - Alaska Statutes

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Statutes > Alaska > Title-12 > Chapter-12-61 > Article-02 > Sec-12-61-127

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.

State Codes and Statutes

Statutes > Alaska > Title-12 > Chapter-12-61 > Article-02 > Sec-12-61-127

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.

State Codes and Statutes

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State Codes and Statutes

Statutes > Alaska > Title-12 > Chapter-12-61 > Article-02 > Sec-12-61-127

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.