Alaska Comm. R. Evid. 102
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 secure . . . . promotion 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, § 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 505infra) 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).
Alaska Comm. R. Evid. 102