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In a criminal trial, the prosecution calls a witness, Jack, to testify against the defendant, Emma, who is charged with assault. Jack is a friend
In a criminal trial, the prosecution calls a witness, Jack, to testify against the defendant, Emma, who is charged with assault. Jack is a friend of Emma but has had a falling out with her recently. When Jack takes the stand, he appears reluctant to provide testimony that supports the prosecution's case. Instead, he gives evasive answers, contradicts earlier statements he made to the police, and seems generally uncooperative. The prosecution requests the court to declare Jack as a hostile witness. Question: Discuss the concept of a hostile witness in evidence law and its implications for trial proceedings. Evaluate the criteria that a court typically considers when determining whether a witness should be declared hostile. Analyse the factors that may lead the prosecution to request Jack's classification as a hostile witness and the potential benefits and challenges associated with such a classification. Finally, discuss the strategies that the prosecution and the defence could employ when examining Jack as a hostile witness and the impact of his testimony on the outcome of the trial. (15 marks)
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