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It's a fairly popular defense in legal proceedings. Lawyers have a couple ways to combat it.

- Compelling testimony. Something like "if you testify that you helped this guy rob a bank, we won't go after you for the crime." Usually this involves signing documents swearing to what your testimony is, so you can't go back later.

- Getting more than just testimony. Getting documents (emails, texts, phone records) is often much more valuable because you can't play the "I can't remember" card with those. And lawyers can use those as evidence, and sometimes use the information in those records to get testimony (i.e. "How could you not remember sending all these emails setting up the bank robbery?!" -- "OK, OK, I was there")

- If it's egregious, you can be sanctioned by the court. If you're claiming you don't remember if you saw the defendent murder 3 people right in front of you last week, you better have a pretty good reason for why you can't remember.




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