Which of the following would best describe secondary evidence?
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A. B. C. D.C.
Secondary evidence is defined as a copy of evidence or oral description of its contents.
It is considered not as reliable as best evidence.
Evidence that proves or disproves a specific act through oral testimony based on information gathered through he witness's five senses is considered direct evidence.
The fact that testimony is given by an expert only affects the witness's ability to offer an opinion instead of only testifying of the facts.
Source: KRUTZ, Ronald L.
& VINES, Russel.
D., The CISSP Prep Guide: Mastering the Ten Domains of Computer Security, John Wiley & Sons, 2001, Chapter 9: Law, Investigation, and Ethics (page 310).
Secondary evidence refers to evidence that is not the original or primary source of information. Instead, it is derived from other sources that are believed to be reliable and trustworthy. In a legal context, secondary evidence is typically used to prove the contents of a document, recording, or other piece of evidence that cannot be presented in court.
Out of the given options, the best answer that describes secondary evidence is C. A copy of a piece of evidence. This is because a copy of an original document or other evidence is not the primary source of information, but rather a secondary source. Copies can be made from a variety of sources, such as digital files or photocopies, and can be used to prove the contents of the original document.
Option A, oral testimony by a non-expert witness, is not a good example of secondary evidence because it is not derived from a reliable source. Non-expert witnesses may not have firsthand knowledge of the information they are providing and may be biased or mistaken.
Option B, oral testimony by an expert witness, may be used as primary or secondary evidence depending on the circumstances. If the expert is presenting their own observations or analysis, then it would be primary evidence. If they are relying on other sources of information, such as documents or data, then it would be secondary evidence.
Option D, evidence that proves a specific act, is too vague to be considered a good example of secondary evidence. Evidence can take many forms and may be primary or secondary depending on the context in which it is presented.