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The Role of Human Memory in the Construction of Evidence

LAWS2351 - Court Process, Evidence and Proof

2 Pages Essays / Projects Year: Pre-2018

Memories are not always complete and therefore are prone to error. Gaps in memory are normal, but this does not necessarily indicate the accuracy of a witness’ memory.2 Some gaps may be constructed by the directions of a judge, editing the evidence available to be heard. Section 135 allows a court to refuse to admit evidence if its probative value is substantially outweighed by the possibility of the evidence being unfairly prejudicial, misleading or confusing...

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