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§ 12-61-127 — Alaska Law | CourtGPT
  1. Home/
  2. Laws/
  3. Alaska/
  4. Title 12 - Code of Criminal Procedure/
  5. Chapter 61 - Rights of Victims; Protection of Victims and Witnesses/
  6. Article 2 - Victim and Witness Information Confidentiality.sec. 12.61.100. Declaration of Purpose/
  7. § 12-61-127
Alaska Legal Code

§ 12-61-127

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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.