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Current as of January 01, 2025 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - Alaska Statutes Title 12. Code of Criminal Procedure § 12.61.127. Inadmissibility of statements taken in violation of AS 12.61.120 or 12.61.125 - last updated January 01, 2025 | https://codes.findlaw.com/ak/title-12-code-of-criminal-procedure/ak-st-sect-12-61-127/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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