Also known as: reputation witnesses · character witness
Written by attorneys · grounded in primary & secondary sources — see 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.
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The 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.
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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.
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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.[^maj-19] 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.[^maj-20] This rule is sometimes confused with that…