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What constitutes Unsworn Evidence?

  1. Evidence that has not been verified

  2. Witness does not appear to understand the nature of an oath or a solemn affirmation

  3. Evidence that is given without a witness present

  4. A confession made outside of court

The correct answer is: Witness does not appear to understand the nature of an oath or a solemn affirmation

Unsworn evidence is any evidence that has not been given under oath or as a solemn affirmation. This means that the testimony or information provided cannot be verified. Option A is incorrect because evidence can be unsworn simply by not being given under oath, not necessarily due to a lack of verification. Option C is incorrect because evidence given without a witness present can still be sworn into court, therefore making it sworn evidence. Option D is incorrect because a confession made outside of court can still be given under oath and therefore be considered sworn evidence. Choice B is the only correct option that identifies the true meaning of unsworn evidence, as it is evidence that is not backed by an oath or solemn affirmation due to the witness not understanding the significance of it.