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Question 8One of the forms of evidence that was discussed in video 5 is witness evidence. What are some of the risks of using witness evidence?Check all that apply1 pointThe memory of the witness may evolve The equality of arms principle is violated if Defence is not able to bring the same number of witnesses as the Prosecution Witnesses may have particular interests in the testimony that can be taken into account by the Judges in their assessment of the evidenceThe witness may withdrawl or refuse to testify, because ofthreats

Question

Question 8One of the forms of evidence that was discussed in video 5 is witness evidence. What are some of the risks of using witness evidence?Check all that apply1 pointThe memory of the witness may evolve The equality of arms principle is violated if Defence is not able to bring the same number of witnesses as the Prosecution Witnesses may have particular interests in the testimony that can be taken into account by the Judges in their assessment of the evidenceThe witness may withdrawl or refuse to testify, because ofthreats

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Solution

The risks of using witness evidence include:

  1. The memory of the witness may evolve: Human memory is not always reliable. Over time, details can become fuzzy or distorted, or the witness may unintentionally incorporate information they learned after the event.

  2. The equality of arms principle is violated if Defence is not able to bring the same number of witnesses as the Prosecution: This refers to the idea that both sides in a legal case should have an equal opportunity to present their case. If one side is able to bring more witnesses, it could potentially unbalance the proceedings.

  3. Witnesses may have particular interests in the testimony that can be taken into account by the Judges in their assessment of the evidence: Witnesses may have personal or professional biases that influence their testimony. They may also have a vested interest in the outcome of the case, which could potentially influence their testimony.

  4. The witness may withdraw or refuse to testify, because of threats: Witnesses may face intimidation or threats that make them unwilling or unable to testify. This can be a significant problem, particularly in cases involving serious crimes or powerful individuals or groups.

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