9/25/2023 0 Comments Being a character witness![]() ![]() Opinion or reputation that the witness is untruthful specifically qualifies as an attack under the rule, and evidence or misconduct, including conviction of crime, and of corruption also fall within this category. The enormous needless consumption of time which a contrary practice would entail justifies the limitation. ![]() Maguire, Weinstein, et al., Cases on Evidence 295 (5th ed. 3.Ĭharacter evidence in support of credibility is admissible under the rule only after the witness’ character has first been attacked, as has been the case at common law. 1963), and cases cited therein McCormick §44, pp. And even under the modern practice, a common relaxation has allowed inquiry as to whether the witnesses would believe the principal witness under oath. While the modern practice has purported to exclude opinion witnesses who testify to reputation seem in fact often to be giving their opinions, disguised somewhat misleadingly as reputation. The use of opinion and reputation evidence as means of proving the character of witnesses is consistent with Rule 405(a). The result is to sharpen relevancy, to reduce surprise, waste of time, and confusion, and to make the lot of the witness somewhat less unattractive. In accordance with the bulk of judicial authority, the inquiry is strictly limited to character for veracity, rather than allowing evidence as to character generally. The present rule develops that exception. In Rule 404(a) the general position is taken that character evidence is not admissible for the purpose of proving that the person acted in conformity therewith, subject, however, to several exceptions, one of which is character evidence of a witness as bearing upon his credibility. Notes of Advisory Committee on Proposed Rules (2) another witness whose character the witness being cross-examined has testified about.īy testifying on another matter, a witness does not waive any privilege against self-incrimination for testimony that relates only to the witness’s character for truthfulness. But the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of: Except for a criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness. But evidence of truthful character is admissible only after the witness’s character for truthfulness has been attacked. ![]() A witness’s credibility may be attacked or supported by testimony about the witness’s reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character. ![]()
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