Methods of Proving Character — Rule 405

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Methods of Proving Character — Rule 405

SUMMARY OF RULE 405

• Where evidence of character or trait is admissible (under CRE 404), reputation in the community is admissible, or a person familiar with the character may provide testimony in the form of an opinion.
• Specific instances of conduct may be offered to establish the character when the character of a person is an essential element of a charge, claim, or defense.
• Character evidence that is offered in the form of a lay opinion is also governed by CRE 701.
• Character evidence offered to impeach is governed by CRE 608.


LEGAL AUTHORITIES

• Rumor, as compared to reputation, is not admissible. The admission of reputation evidence requires an adequate foundation of sufficient knowledge and familiarity with the community. People v. Erickson, 883 P.2d 511 (Colo. App. 1994).

• Reputation must be established over a period of time. An opinion concerning the...

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