For the cross-examiner:
* Limited Scope: Cross-examination is restricted to the scope of the direct examination. You can only ask questions relevant to the previous testimony, limiting your ability to fully explore an issue or witness's knowledge.
* Unpredictability: Witnesses may be evasive, hostile, or even change their story. This can make it difficult to control the flow of information and achieve your desired outcome.
* Risk of Damage: A poorly executed cross-examination can actually strengthen the opposing party's case by highlighting inconsistencies, exposing weaknesses, or even eliciting sympathy for the witness.
* Time-Consuming: Cross-examination can be a lengthy and tedious process, especially if the witness is evasive or unwilling to cooperate. This can drain valuable time and resources.
For the witness:
* Stressful Experience: Cross-examination can be an intimidating and stressful experience, especially for non-lawyers. It can involve intense questioning, adversarial questioning styles, and the pressure of performing under scrutiny.
* Risk of Misinterpretation: A witness's answers can be taken out of context or misconstrued by the opposing counsel. This can lead to a distorted understanding of the facts and harm the witness's credibility.
* Possibility of Deception: Cross-examination allows lawyers to use leading questions and other techniques to manipulate a witness's testimony or elicit specific answers.
* Limited Control: The witness has limited control over the questions asked and the direction of the cross-examination. This can feel unfair or create a sense of being manipulated.
Overall:
* Potential for Injustice: While intended to reveal the truth, cross-examination can sometimes contribute to the distortion or misrepresentation of facts. This can lead to wrongful convictions or unjust outcomes.
* Cost and Resources: Cross-examination can be expensive and time-consuming, requiring skilled attorneys and extensive preparation. This can create a barrier to access to justice, particularly for those with limited resources.
It's important to note that these disadvantages are not inherent to the process itself, but rather potential consequences of how it is conducted. A well-prepared and skilled attorney can mitigate these risks and use cross-examination effectively to advance their case.