What are the benefits or advantages of treating your witnesses/client as hostiles during trial? What does it actually mean?
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Normally, on what’s called “direct examination” (where the defense’s lawyer is questioning defense witnesses or vice-versa), counsel is not allowed to ask what are called “leading questions,” which suggest the answer counsel wants to hear.
Here’s an example:
> **Neutral** question: “How fast would you estimate Mr. Smith’s car was traveling before the collision?”
> **Leading** question: “Mr. Smith’s car was traveling 20 miles over the speed limit when he lost control of his vehicle and slammed into the victim’s car, right?” (Leads the witness to the conclusion that Mr. Smith was speeding, and as a result lost control of his vehicle, leading to the accident, which was clearly his fault.)
However, if counsel finds that the witness is being antagonistic, contrary, or otherwise not playing ball, they can ask the judge for permission to treat the witness as hostile; this not only lets them ask leading questions, but also to directly challenge their testimony and apply various psychological tools to reframe how the witness views the situation.
A hostile witness is a witness who is giving, or is expected to give, testimony against your case. Any witness called by the opposite side is hostile by default, but sometimes you may call a witness that is not on your “side”.
The benefit of having the witness acknowledged as hostile is the fact that you are allowed to ask leading questions. Normally, leading questions are forbidden as they are worded in such a way as to indicate to the witness the way they should answer. But when the witness is working for the other side, the effects of leading questions are negated.
From Google-
A hostile witness is a witness who appears to be refusing to fully testify in support of the person who called them or testifies in a way that significantly differs from their pre-trial statement.
The person who calls you as a witness expects you to provide the court with evidence similar to what you may have said in a pre-trial statement. If you refuse to answer questions or contradict what you said before, the person who called you can apply to the judge to have you declared a hostile witness.
A hostile witness can have their credibility called into question and can be cross-examined and asked leading questions by the person who called them. The person who called you may also use the process in an attempt to persuade you to give evidence that agrees with your previous statement.
When your side calls a witness, they are supposed to kind of support your side with their testimony. If they don’t you can ask to treat them as hostile and can asking leading questions which you normally not allowed to do
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