Also known as: witness character · witness's character · credibility evidence · character evidence
Written by attorneys · grounded in primary & secondary sources — see below
Evidence concerning a witness's reputation for truthfulness or untruthfulness or opinion testimony on that trait offered to attack or support the witness's credibility.
Colin Chambers testified as a key eyewitness in a contract dispute. Opposing counsel sought to introduce a prior conviction to question his truthfulness on the stand. The court evaluated the evidence under the rules permitting character attacks on witnesses.
Craig Caldwell took the stand in a civil fraud trial. When cross-examination turned to matters touching only his general honesty, he invoked the Fifth Amendment. The court recognized that testifying on other topics left the privilege intact for pure character inquiries.
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Corinne Cho testified for the defense. After the prosecution challenged her honesty through prior statements, the defense called a neighbor to give an opinion on her truthful character. The court allowed the opinion evidence once the attack had occurred.
Chloe Chen testified about a business transaction. On cross-examination, counsel inquired into a prior instance in which Chen had altered a document, without offering extrinsic proof. The court permitted the question because it bore on truthfulness.
Cecilia Cabrera was identified through an illegal search and later called to testify. The defense argued her testimony should be suppressed like the seized documents. The court distinguished the human witness's independent volition from inanimate evidence.
Curtis Cannon testified in a theft prosecution. The government sought to introduce an earlier similar incident solely to suggest he acted consistently with bad character. The court excluded the evidence because it was offered only to prove action in conformity with character.
A party may introduce such evidence after the witness's character for truthfulness has been attacked. Reputation or opinion testimony is then admissible to support credibility.
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Extrinsic evidence of specific instances is generally inadmissible to prove a witness's character for truthfulness except for criminal convictions under Rule 609. Inquiry on cross-examination is permitted if probative of truthfulness.
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No. A witness retains the privilege for testimony that relates only to character for truthfulness even after testifying on other subjects.
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…providing fixedterm sentences to those providing judges discretion within a permissible range, Note, The Admissibility of Character Evidence in Determining Sentence, 9 U. Chi. L. Rev. 715 (1942)—has been regularly accompanied by the qualification that that discretion was bound by the range of sentencing options prescribed by the…