Also known as: reputation witnesses · character witness
Written by attorneys — see sources below.
A witness who testifies to a person's general reputation in a community or associational setting for a specific character trait.
Ralph Richardson stands trial for assault after a kitchen altercation. His counsel calls Roberto Reyes, a line cook who has worked alongside him for years, to describe Ralph's reputation among restaurant staff for staying calm under pressure. The court admits the testimony because it supplies proper reputation evidence of a pertinent trait.
Riley Rivera testifies that the defendant enjoys a reputation for peacefulness in their shared neighborhood. On cross-examination the prosecutor asks whether Riley has heard of two prior fights involving the defendant. The questions are allowed to probe the accuracy of the reputation testimony.
In 1947 Solomon Michelson stood trial in federal court on a charge of bribing a revenue agent. The government introduced evidence that Michelson had made a substantial cash payment to the agent. Michelson testified in his own defense, admitting the payment but claiming the agent had demanded, threatened, and induced it. On direct examination Michelson's counsel brought out that he had been convicted in 1927 of a misdemeanor involving counterfeit watch dials. Cross-examination further showed that in 1930, when applying for a license to deal in second-hand jewelry, Michelson had answered "No" to a question asking whether he had ever been arrested or summoned for any offense. Michelson called five character witnesses who had known him for fifteen to thirty years. Each witness testified on direct examination that Michelson's reputation for honesty, truthfulness, and being a law-abiding citizen was very good, based on conversations with others in the community. On cross-examination the prosecutor asked four of the witnesses whether they had ever heard that Michelson had been arrested on October 11, 1920, for receiving stolen goods. None of the witnesses had heard of the incident. Outside the presence of the jury the prosecutor assured the trial judge that the arrest had occurred and produced a supporting record that defense counsel did not challenge. The trial judge gave the jury limiting instructions on three separate occasions concerning the purpose of the questions. Michelson was convicted on the bribery count. The Court of Appeals affirmed the judgment.
View caseThe witness must show sufficient contact with the relevant community to have learned the subject's reputation for the trait at issue. Conversations with multiple members of that community over time ordinarily suffice.
No. Reputation testimony must convey the community's collective assessment rather than particular events. References to specific incidents on direct examination convert the testimony into prohibited extrinsic proof of conduct.
Supporting sources
A defendant may introduce reputation evidence of a victim's pertinent trait such as aggressiveness. Once admitted, the prosecution may respond with reputation evidence rebutting that trait.
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Yes. When the defendant offers reputation testimony of a pertinent trait, the prosecution may introduce reputation evidence to rebut the same trait.
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…knowledge of him, the form of inquiry, "Have you heard?" has general approval, and "Do you know?" is not allowed. A character witness may be cross-examined as to an arrest whether or not it culminated in a conviction, according to the overwhelming weight of authority. This rule is sometimes confused with that…