Alaska Statutes: AS 12.61.127. Inadmissibility of Statements Taken in Violation of AS 12.61.120

Alaska Statutes. Title 12. Code of Criminal Procedure Chapter 61. Rights of Victims; Protection of Victims and Witnesses Section 127. Inadmissibility of Statements Taken in Violation of AS 12.61.120

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AS 12.61.127. Inadmissibility of Statements Taken in Violation of AS 12.61.120

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.

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