The term "hostile witness" describes a person called to testify in court who shows an antagonistic or adverse attitude towards the party calling them. The spelling of the word "hostile" is /ˈhɑːstaɪl/, with the stressed syllable on the second (long) vowel sound /aɪ/, and the final /e/ is silent. The pronunciation of the word "witness" is /ˈwɪtnɪs/, with the stress on the first syllable and the final /s/ pronounced as a voiceless consonant. The spelling of this phrase can be tricky, but understanding phonetics can help in proper pronunciation.
A hostile witness refers to a person who is called to testify in a court proceeding but shows a strong bias or opposition towards the party who called them to testify. This term is most commonly used in the context of legal proceedings, particularly in litigation or trial settings.
Typically, witnesses are expected to provide objective and truthful testimony based on their firsthand knowledge of the events in question. They are supposed to have no personal or prejudiced interest that may influence their account. However, a hostile witness demonstrates a clear animosity or antagonism towards the party calling them to testify. They may openly display a lack of cooperation, refuse to answer questions, or intentionally provide misleading or false information.
The objective of questioning a hostile witness is often twofold: to challenge their credibility and to extract relevant information despite their biases. The opposing party's attorney usually has the opportunity to cross-examine a hostile witness, attempting to weaken their testimony by exposing inconsistencies or illustrating their lack of credibility. This may involve posing leading questions or challenging the witness's character or motives.
In some cases, a witness may be deemed hostile by the judge based on their demeanor, evasiveness, or unwillingness to cooperate. The designation of a witness as hostile can impact the weight given to their testimony by the judge or jury, as it signals the potential bias or untrustworthiness of the witness's statements.
The word "hostile witness" has its origins in the legal terminology of English common law. The etymology of the word can be broken down as follows:
1. Hostile: The term "hostile" comes from the Latin word "hostilis", which means "enemy" or "relating to an enemy". It eventually entered the English language around the 16th century, maintaining its meaning of an oppositional or unfriendly attitude.
2. Witness: "Witness" is derived from the Old English term "witnes", which means "knowledge, testimony, or evidence". It can be traced back to the Germanic root word "witan", which means "to know".
When these two words are combined, a "hostile witness" refers to a person who is called to testify in a legal proceeding but exhibits antagonistic behavior or actively opposes the side that called them.