§ 22.06 Untruthful Character Impeachment: Overview

• Jurisdiction: United States

§ 22.06 Untruthful Character Impeachment: Overview

Recall from chapter 10 that character evidence is generally inadmissible under Rule 404(a). However, there are exceptions concerning the character of the accused and the victim. A third exception deals with credibility.⁶⁹ Character is used circumstantially; a person with an untruthful character is more likely to lie than a person with a truthful character.

Here again, there are three possible methods of proof: (1) reputation evidence, (2) opinion evidence, and (3) specific acts. Rule 608(a) sanctions the use of reputation and opinion, a stance consistent with the treatment of character on the merits under Rule 405(a). In contrast to Rule 405(a), specific acts are permitted in this context. Rule 608(b)...