Copyright 1995-1999 Touch N' Go Systems, Inc. All Rights Reserved. No claim made to official government works.
Rule 102. Purpose and Construction.
Alaska Rule 102 copies the text of Federal Rule 102.
While this Rule provides that all of the evidence rules shall be interpreted so as "to secure0.0.0.0.0promotion of growth and development of the law of evidence to the end that truth may be ascertained," this should not be read to encourage the search for truth at any cost. Another end is also sought: that "proceedings [may be] justly determined." Occasionally, situations will arise where justice requires that accuracy in fact-finding gives way to a more significant social goal.
Deciding when proceedings are "justly determined" requires an examination of federal and state constitutional protections (see, e.g., U.S. Const., amends, IV and V; Alaska Const., art. I, ยง 22; Ravin v. State, 537 P.2d 494, 504 (Alaska 1975)) and legislative attempts to protect individuals from official intrusion, including judicial intrusion. See, e.g., AS 47.10.080 (g). Evidence that is apparently probative may be excluded to create disincentives to governmental abuses (see, e.g., Lauderdale v. State, 548 P2d 376 (Alaska 1976 (Alaska 1976) to recognize and perhaps to foster socially desirable private conduct (see, e.g., Rules 407 & 410, infra) to protect personal privacy (see, e.g., Rule 505 infra) and to enable persons to maximize the effectiveness of professional counseling (see, e.g., Rules 503 & 504).
In short, the search for truth is important in its practical impact and philosophical overtones. Sometimes the search for fact-finding precision itself may have constitutional roots. See Davis v. Alaska, 415 U.S. 308, 39 L.Ed. 2d 347 (1974). But it is not the end all of a system of justice; other values must be weighed.
"Insuring that `proceedings [are] justly determined' as this Rule states is by no means a simple task." K. Redden & S. Saltzburg, Federal Rules of Evidence Manual 15 (2d ed. 1977).
These Court Rules were automatically converted to HTML (Hyper-Text Markup Language) format from electronic files provided by the Alaska Court System. Every effort has been made to ensure their accuracy, but neither Touch N' Go Systems, Inc., The Alaska Legal Resource Center, nor the Law Offices of James B. Gottstein are responsible for their accuracy or for any damages arising out of any possible inaccuracy. If any mistakes are found, please let us know at one of the addresses listed below.
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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 7/14/1999
