AS Title 12, Chapter 45: Trial, Evidence, Compromise

Article 1. Trial Jury. Chapter 45. Trial, Evidence, Compromise. Sec. 12.45.010. Formation of trial jury. The qualification, disqualification, and exemption of jurors, the preparation of jury lists, and the composition of jury panel in criminal actions are the same as provided in civil actions. Sec. 12.45.015. Introduction of victim and defendant to jury. (a) During jury selection or as part of an opening statement at trial, the prosecuting attorney may introduce the victim to the jury, and the attorney for the defendant may introduce the defendant to the jury. (b) In this section, “victim” has the meaning given in AS 12.55.185 . Sec. 12.45.018. Juror counseling following graphic evidence or testimony. (a) The trial judge may offer not more than 10 hours of post-trial psychological counseling, without charge, to a juror or an alternate juror who serves on a trial jury in a trial involving extraordinarily graphic, gruesome, or emotional evidence or testimony. (b) The counseling offered under (a) of this section applies only to a juror or alternate juror who serves on a trial jury for a trial involving the following offenses: (1) murder under AS 11.41.100 and 11.41.110; (2) manslaughter under AS 11.41.120 ; (3) criminally negligent homicide under AS 11.41.130 ; (4) felonious assault under AS 11.41.200 — 11.41.220; (5) a sexual offense under AS 11.41.410 — 11.41.460. (c) The counseling offered under (a) of this section (1) must occur not later than 180 days after the jury is dismissed; (2) may be provided by the court system, by a state agency, or by contract; and (3) may be individual or group counseling. Article 2. Discovery, Testimony, and Evidence. Sec. 12.45.020. Conviction on testimony of accomplice and corroboration. A conviction shall not be had on the testimony of an accomplice unless it is corroborated by other evidence that tends to connect the defendant with the commission of the crime; and the corroboration is not sufficient if it merely shows the commission of the crime or the circumstances of the commission. Sec. 12.45.030. Necessary evidence for false pretenses. [Repealed, § 21 ch 166 SLA 1978.] Sec. 12.45.035. Admissibility of DNA profiles. (a) In a criminal action or proceeding, evidence of a DNA profile is admissible to prove or disprove any relevant fact, if the court finds that the technique underlying the evidence is scientifically valid. The admission of the DNA profile does not require a finding of general acceptance in the relevant scientific community of DNA profile evidence. (b) In this section, (1) “deoxyribonucleic acid” means the molecules in all cellular forms that contain genetic information in a patterned chemical structure for each individual; (2) “DNA profile” (A) means an analysis of blood, semen, tissue, or other cells bearing deoxyribonucleic acid resulting in the identification of the individual's patterned chemical structure of genetic information; (B) includes statistical population frequency comparisons of the patterned chemical structures described in (A) of this paragraph. Sec. 12.45.037. Admissibility of expert testimony relating to criminal street gang activity. (a) In a criminal prosecution, expert testimony is admissible to show, in regard to a specific criminal street gang or criminal street gangs whose conduct is relevant to the case, (1) common characteristics of persons who are members of the criminal street gang or criminal street gangs; (2) rivalries between specific criminal street gangs; (3) common practices and operations of the criminal street gang or criminal street gangs and the members of those gangs; (4) social customs and behavior of members of the criminal street gang or the criminal street gangs; (5) terminology used by members of the criminal street gang or the criminal street gangs; (6) codes of conduct of the particular criminal street gang or criminal street gangs; and (7) the types of crimes that are likely to be committed by the particular criminal street gang. (b) In this section, “criminal street gang” has the meaning given in AS 11.81.900 (b). Sec. 12.45.040. Necessary evidence for prostitution or seduction. [Repealed, § 21 ch 166 SLA 1978.] Sec. 12.45.042. Mental examination of victim. In a criminal prosecution under AS 11.41 , the court may not order or compel the victim to undergo a psychiatric or psychological examination unless (1) the victim's psychiatric or psychological condition is an element of the offense charged; or (2) the prosecution has given notice that it will present evidence at trial that the victim suffers from a continuing psychological or psychiatric condition that resulted from the offense charged. Sec. 12.45.045. Evidence of past sexual conduct in trials of certain sexual offenses. (a) In prosecutions for the crimes of sexual assault in any degree, sexual abuse of a minor in any degree, unlawful exploitation of a minor, or an attempt to commit any of these crimes, evidence of the sexual conduct of the complaining witness, occurring either before or after the offense charged, may not be admitted nor may reference be made to it in the presence of the jury except as provided in this section. When the defendant seeks to admit the evidence for any purpose, the defendant shall apply for an order of the court not later than five days before trial or at a later time as the court may, for good cause, permit. The defendant may, for good cause shown, apply for an order during trial if the request is based on information learned after the deadline or during the trial. After the application is made, the court shall conduct a hearing in camera to determine the admissibility of the evidence. If the court finds that evidence offered by the defendant regarding the sexual conduct of the complaining witness is relevant, and that the probative value of the evidence offered is not outweighed by the probability that its admission will create undue prejudice, confusion of the issues, or unwarranted invasion of the privacy of the complaining witness, the court shall make an order stating what evidence may be introduced and the nature of the questions that may be permitted. The defendant may then offer evidence under the order of the court. (b) In the absence of a persuasive showing to the contrary, evidence of the complaining witness' sexual conduct occurring more than one year before the date of the offense charged is presumed to be inadmissible under this section. (c) In this section “complaining witness” means the alleged victim of the crime charged, the prosecution of which is subject to this section. Sec. 12.45.046. Testimony of children in criminal proceedings. (a) In a criminal proceeding under AS 11.41 involving the prosecution of an offense committed against a child under the age of 16, or witnessed by a child under the age of 16, the court (1) may appoint a guardian ad litem for the child; (2) on its own motion or on the motion of the party presenting the witness or the guardian ad litem of the child, may order that the testimony of the child be taken by closed circuit television or through one-way mirrors if the court determines that the testimony by the child victim or witness under normal court procedures would result in the child's inability to effectively communicate. (b) In making a determination under (a)(2) of this section, the court shall consider factors it considers relevant, including (1) the child's chronological age; (2) the child's level of development; (3) the child's general physical health; (4) any physical, emotional, or psychological injury experienced by the child; and (5) the mental or emotional strain that will be caused by requiring the child to testify under normal courtroom procedures. (c) If the court determines under (a)(2) of this section that the testimony by the child victim or witness under normal court procedures would result in the child's inability to effectively communicate, the court may order that the testimony of the child be taken in a room other than the courtroom and be televised by closed circuit equipment in the courtroom to be viewed by the defendant, the court, and the finder of fact in the proceeding. If the court authorizes use of closed circuit televised testimony under this subsection, (1) each of the following may be in the room with the child when the child testifies: (A) the prosecuting attorney; (B) the attorney for the defendant; and (C) operators of the closed circuit television equipment; (2) the court may, in addition to persons specified in (1) of this subsection, admit a person whose presence, in the opinion of the court, contributes to the well-being of the child. (d) When a child is to testify under (c) of this section, only the court and counsel may question the child. The persons operating the equipment shall do so in as unobtrusive a manner as possible. If the defendant requests, the court shall excuse the defendant from the courtroom, shall permit the defendant to attend in another location, and shall afford the defendant a means of viewing the child's testimony and of communicating with the defendant's attorney throughout the proceedings. Upon request of the defendant or the defendant's attorney, the court shall permit a recess to allow them to confer. The court shall provide a means of communicating with the attorneys during the questioning of the child. Objections made by the attorneys to questions of a child witness may be resolved in the courtroom if the court finds it necessary. (e) If the court determines under (a)(2) of this section that the testimony by the child victim or witness under normal court procedures would result in the child's inability to effectively communicate, the court may authorize the use of one-way mirrors in conjunction with the taking of the child's testimony. The attorneys may pose questions to the child and have visual contact with the child during questioning, but the mirrors shall be placed to provide a physical shield so that the child does not have visual contact with the defendant and jurors. (f) If the court does not find under (a)(2) of this section that the testimony by the child victim or witness under normal court procedures will result in the child's inability to effectively communicate, the court may, after taking into consideration the factors specified in (b) of this section, supervise the spatial arrangements of the courtroom and the location, movement, and deportment of all persons in attendance so as to safeguard the child from emotional harm or stress. In addition to other procedures it finds appropriate, the court may (1) allow the child to testify while sitting on the floor or on an appropriately sized chair; (2) schedule the procedure in a room that provides adequate privacy, freedom from distractions, informality, and comfort appropriate to the child's developmental age; and (3) order a recess when the energy, comfort, or attention span of the child warrants. Secs. 12.45.047 , 12.45.048. Testimony by young victim of sexual offense. [Repealed, § 4 ch 92 SLA 1988.] Sec. 12.45.049. Privilege relating to domestic violence and sexual assault counseling. Confidential communications between a victim of domestic violence or sexual assault and a victim counselor are privileged under AS 18.66.200 — 18.66.250. Sec. 12.45.050. Limitation on discovery of statement of prosecution witness. In a criminal prosecution, no statement or report in the possession of the state which was made by a prosecution witness or prospective prosecution witness (other than the defendant) to an agent of the state may be the subject of subpoena, discovery, or inspection until the witness has testified on direct examination at the preliminary hearing, or in the trial of the case. Sec. 12.45.060. Discovery after direct examination of witness. After a witness called by the state has testified on direct examination, the court shall, on motion of the defendant, order the state to produce any statement of the witness in the possession of the state that relates to the subject matter as to which the witness has testified. If the entire contents of the statement relate to the subject matter of the testimony of the witness, the court shall order it to be delivered directly to the defendant for examination and use. Sec. 12.45.070. Discovery of portions of statement. If the state claims that any statement ordered to be produced under AS 12.45.060 contains matter that does not relate to the subject matter of the testimony of the witness, the court shall order the state to deliver the statement for the inspection of the court in chambers. Upon delivery the court shall excise the portions of the statement that do not relate to the subject matter of the testimony of the witness. With the material excised, the court shall then direct delivery of the statement to the defendant for the use of the defendant. If, pursuant to this procedure, any portion of the statement is withheld from the defendant and the defendant objects to the withholding, and the trial is continued to an adjudication of the guilt of the defendant, the entire text of the statement shall be preserved by the state and, in the event the defendant appeals, shall be made available to the appellate court for the purpose of determining the correctness of the ruling of the trial judge. When a statement is delivered to a defendant, the court may recess the trial for the defendant's examination of the statement and preparation for its use in the trial. Sec. 12.45.080. Disposition of proceeding upon failure of state to comply with order. If the state elects not to comply with an order of the court to deliver to the defendant a statement or a portion of a statement as the court may direct, the court shall strike from the record the testimony of the witness, and the preliminary hearing or trial shall proceed unless the court in its discretion determines that the interests of justice require that the preliminary hearing be terminated immediately or a mistrial be declared. Sec. 12.45.082. Definition of “statement”. In AS 12.45.060 — 12.45.080, the term “statement,” in relation to any witness called by the state, means (1) a written statement made by the witness and signed or otherwise adopted or approved by the witness; or (2) a stenographic, mechanical, electrical, or other recording, or a transcription of the statement that is a substantially verbatim recital of an oral statement made by the witness to an agent of the state and recorded contemporaneously with the making of the oral statement. Sec. 12.45.083. Mental disease or defect excluding responsibility. [Repealed, § 42 ch 143 SLA 1982. For present provisions, see AS 12.47 .] For present provisions, see AS 12.47 . For present provisions, see AS 12.47 . Sec. 12.45.084. Laboratory report of controlled substances. (a) In a prosecution under AS 11.71.010 — 11.71.060, a complete copy of an official laboratory report from the Department of Public Safety or a laboratory operated by another law enforcement agency is prima facie evidence of the content, identity, and weight of a controlled substance. The report must be signed by the person performing the analysis and must state that the substance which is the basis of the alleged offense has been weighed and analyzed. In the report, the author shall state with specificity findings as to the content, weight, and identity of the substance. (b) A sworn statement prepared by the author of the report provided for in (a) of this section must be attached to the report. The statement must set out the identity of the author and include a statement that the author is an employee of the laboratory issuing the report and that performing the analysis is a part of the author's regular duties. The statement must also include an outline of the author's education, training, and experience for performing an analysis. The author shall state that scientifically accepted tests were performed with due caution, and whether to the author's knowledge the evidence was handled in accordance with established and accepted procedures while in the custody of the laboratory. (c) The prosecuting attorney shall serve a copy of the report on the attorney of record for the accused, or on the defendant if the defendant has no attorney, not later than 20 days before a proceeding in which the report is to be used against the accused. However, at a preliminary hearing or grand jury proceeding, the report may be used without having previously been served upon the accused. (d) The accused or the accused's attorney may demand the testimony of the person signing the report, by serving a written demand showing cause upon the prosecuting attorney within seven days from receipt of the report. (e) A report issued for use under this section must contain notice of the right of the accused to demand the testimony of the person signing the report. Sec. 12.45.085. Evidence of mental disease or defect. [Repealed, § 42 ch 143 SLA 1982. For present provisions, see AS 12.47 .] For present provisions, see AS 12.47 . For present provisions, see AS 12.47 . Sec. 12.45.086. Photographic evidence of property wrongfully taken or damaged. (a) In a criminal proceeding or a children's court proceeding involving the wrongful taking or damaging of property, photographs of the property are competent evidence of the property and are admissible in the proceeding to the same extent as if the property had been introduced as evidence. (b) Photographs of property that are to be introduced as evidence under this section shall be accompanied by a written description of the property, the name of the owner of the property, the location where the alleged crime occurred, the name of the investigating peace officer, the date the photograph was taken, and the name and signature of the photographer. The written description shall be signed by the investigating peace officer under penalty of perjury under AS 09.63.020 . (c) In a prosecution for a violation of AS 11.46.120 — 11.46.150 in which the property is commercial fishing gear as defined in AS 16.43.990 , the gear shall be returned to the owner as soon as possible. The prosecutor may obtain photographs of the gear for use as evidence in accordance with (a) and (b) of this section. Secs. 12.45.087 — 12.45.115. Psychiatric examination; procedure. [Repealed, § 42 ch 143 SLA 1982. For present provisions, see AS 12.47 .] For present provisions, see AS 12.47 . For present provisions, see AS 12.47 . Article 3. Compromise and Satisfaction. Sec. 12.45.120. Authority to compromise misdemeanors for which victim has civil action. If a defendant is held to answer on a charge of misdemeanor for which the person injured by the act constituting the crime has a remedy by a civil action, the crime may be compromised except when it was committed (1) by or upon a peace officer, judge, or magistrate while in the execution of the duties of that office; (2) riotously; (3) with an intent to commit a felony; (4) larcenously; (5) against (A) a spouse or a former spouse of the defendant; (B) a parent, grandparent, child, or grandchild of the defendant; (C) a member of the social unit comprised of those living together in the same dwelling as the defendant; or (D) a person who is not a spouse or former spouse of the defendant but who previously lived in a spousal relationship with the defendant. Sec. 12.45.130. Acknowledgment of satisfaction by injured party. If the party injured appears before the court in which the defendant is bound to appear, at any time before trial, and acknowledges in writing that satisfaction has been received for the injury, the court may, on payment of the costs incurred, order the prosecution dismissed and the defendant discharged. The order is a bar to another prosecution for the same crime. Sec. 12.45.140. Compromise or stay upon compromise by other means prohibited. A crime may not be compromised or the prosecution or punishment upon a compromise dismissed or stayed except as provided by law. Sec. 12.45.150. Order for private prosecutor to pay costs for malicious prosecution without probable cause. [Repealed, § 1 ch 19 SLA 1987.] Sec. 12.45.155. [Renumbered as AS 12.45.084 .] Renumbered as AS 12.45.084 . Renumbered as AS 12.45.084 . Sec. 12.45.160. [Renumbered as AS 12.45.082 .] Renumbered as AS 12.45.082 . Renumbered as AS 12.45.082 .