In a courtroom, when the prosecutor asks the judge for permission
to treat the witness as a "hostile witness", what does such permission
allow the prosecutor to do (that he couldn't otherwise)?

Hello rambler,

As stated in the disclaimer at the bottom of this page, answers and
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not intended to substitute for informed professional legal advice.

The term "hostile witness" appears once in the Federal Rules of Evidence:

"Rule 611. Mode and Order of Interrogation and Presentation 

* * *

(c) Leading questions.?Leading questions should not be used on the
direct examination of a witness except as may be necessary to develop
the witness? testimony.  Ordinarily leading questions should be
permitted on cross-examination.  When a party calls a hostile witness,
an adverse party, or a witness identified with an adverse party,
interrogation may be by leading questions."

"Federal Rules of Evidence" (incorporating the revisions that took
effect Dec. 1, 2003) -- "Rule 611" [Note: I did not find either an
amendment to this rule or another federal rule that mentions a
"hostile witness."  Again, as noted, this is not a professional legal
opinion.]
Legal Information Institute
http://www.law.cornell.edu/rules/fre/rules.htm#Rule611

The notes of the the Senate Committee on the Judiciary to this rule
indicate that "a 'hostile witness'--that is a witness who is hostile
in fact--could be subject to interrogation by leading questions," or,
as stated in a subsequent paragraph, that "leading questions are
permissible in the interrogation of a witness, who is hostile in
fact."

"Notes to Rule 611" [under "Notes of Committee on the Judiciary,
Senate Report No. 93-1277"]
Legal Information Institute
http://www.law.cornell.edu/rules/fre/ACRule611.htm

So it appears that under the Federal Rules of Evidence, a prosecutor
may ask leading questions in a direct examination of a "hostile
witness," which he could not do on direct examination of a typical
witness for the prosecution.  Individual states' rules may differ.

- justaskscott


Search strategy --

Search terms used on Google:

"federal rules of evidence"
"hostile witness"
"hostile witnesses"
"rule 611"

---

Request for Answer Clarification by rambler-ga on 11 Sep 2005 17:24 PDT

Can you give me a simple example of a leading question versus an ordinary question?

---

Clarification of Answer by justaskscott-ga on 11 Sep 2005 21:17 PDT

Here is a definition, including an example, from a law dictionary.

"leading question" 
law.com -- The People's Law Dictionary by Gerald and Kathleen Hill
http://dictionary.law.com/default2.asp?selected=1120&bold=%7C%7C%7C%7C


Search strategy --

Searched on Google for:

"leading question"
glossary

"leading question
     n : a question phrased in such a way as to suggest the desired
         answer; a lawyer may ask leading questions on
         cross-examination

Source: Webster's Revised Unabridged Dictionary (1913)"

Often a leading question is one that puts words in the mouth of the witness:
"Is it not true that you told the defendant that the car was your lawful property?

A regular question if you were doing a direct examination would be: 
Could you please tell us what you were doing on the night of August 8,
2004?

A leading quesiton (used in cross examination, with a hostile witness,
with a witness that is adverse [if you call the other party, or a
witness that is on the adverse side] and sometimes with children)
would be: You were at the 24 hour diner on the night of August 8,
correct?

The goal of a leading question is to get the witness to answer yes to everything.  

A leading question could also be used for a person that "forgets" all
of the events, and they could also be deemed a hostile witness. 
Hostile doesn't always mean "hostile" in the regular sense.

Hope this helps.