What is a hostile witness?

A hostile witness, also known as an adverse witness, is a witness in a trial or other legal proceeding who is considered to be uncooperative or antagonistic toward the examining party. This usually means the witness is displaying antagonism, bias, or a lack of willingness to provide full and truthful testimony.

Key characteristics and implications of a hostile witness include:

• <a href="https://www.wikiwhat.page/kavramlar/Identification%20of%20Hostility">Identification of Hostility</a>: The party calling the witness must establish that the witness is indeed hostile to the point of being allowed to treat them as such. This is often done by demonstrating the witness's bias, prior inconsistent statements, or uncooperative demeanor.

• <a href="https://www.wikiwhat.page/kavramlar/Leading%20Questions">Leading Questions</a>: Normally, a lawyer cannot ask leading questions (questions that suggest the answer) to their own witness during direct examination. However, when a witness is declared hostile, the examining party is allowed to ask leading questions to challenge the witness's testimony, refresh their memory, or elicit specific facts.

• <a href="https://www.wikiwhat.page/kavramlar/Impeachment">Impeachment</a>: The lawyer can impeach (challenge the credibility of) a hostile witness. This might involve introducing evidence of prior inconsistent statements, showing bias, or revealing prior convictions. A lawyer can even impeach their own witness if that witness is determined to be hostile.

• <a href="https://www.wikiwhat.page/kavramlar/Strategic%20Considerations">Strategic Considerations</a>: Calling a potentially hostile witness is a strategic decision. Lawyers may do so when they believe the witness possesses crucial information, even if the witness is reluctant to cooperate. The benefits of obtaining that information must be weighed against the risks of having a witness who might damage their case.

• <a href="https://www.wikiwhat.page/kavramlar/Court%20Discretion">Court Discretion</a>: Ultimately, the decision to declare a witness hostile rests with the judge, who will consider the witness's behavior and testimony to determine if the "hostile" designation is warranted.