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.
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