What makes a witness hostile?
What makes a witness hostile?
A hostile witness, also known as an adverse witness or an unfavorable witness, is a witness at trial whose testimony on direct examination is either openly antagonistic or appears to be contrary to the legal position of the party who called the witness.
Who decides if the defendant is guilty?
The jury decides whether a defendant is “guilty” or “not guilty” in criminal cases, and “liable” or “not liable” in civil cases. When cases are tried before a jury, the judge still has a major role in determining which evidence may be considered by the jury.
Why is it better to plead guilty?
When a criminal defendant pleads guilty when represented by legal counsel, he or she usually does so through the process of plea bargaining. In exchange for pleading guilty, the criminal defendant may receive a lighter sentence or have charges reduced. Additionally, pleading guilty avoids the uncertainty of a trial.
Why you should always plead not guilty?
It’s a good idea to always plead not guilty at arraignment because it simply provides you and your lawyer time to review the facts, the evidence and begin working to discredit the charges against you. If you plead guilty, you’re admitting to the crime. It’s not a question of whether you committed the crime.
What is the downside of plea bargains?
There are important disadvantages to plea bargaining as well: Defendants are sometimes pressured into waiving the constitutional right to trial. The defendant gives up the right to a potentially vindicating “not guilty” verdict. Negotiating a plea bargain might lead to poor case investigation and preparation.
Is it better to plead guilty or no contest?
The difference between guilty and no contest is in the admission of the charge against you. Guilty equals, yes I did what I was charged with and admit it. No contest equals, I do not agree and make no admissions to what I was charged with, however, I will accept the fine or punishment associated with the charge.
What happens if you plead innocent?
If you plead not guilty, the judge asks if you want a court trial or a jury trial. In a court trial, the judge hears the evidence and decides if you are guilty. In a jury trial, six members of the community serve as the jury, and they hear the evidence and decides if you are guilty.
When should you plead the Fifth?
The Fifth Amendment gives a criminal defendant the right not to testify, and a witness at a criminal trial can plead the fifth while testifying in response to questions they fear might implicate them in illegal activity. Pleading the fifth is sometimes regarded as proof of guilt, and therefore as an incriminating step.
