Intro to the Federal Rules of Evidence - 39

1. Character Evidence (FRE 608(a))
a. Methods
i) Opinion and reputation
A foundation must be laid showing that the character witness is acquainted with the principal witness’s reputation in the community (i.e., where the principal witness lives, works, or goes to school) or his personal relationship with the principal witness.
Reputation evidence must be related to the witness’s reputation in a neutral and generalized community.
ii) Specific instances
No extrinsic evidence permissible, but permissible on x-x.

Rationale: if the details of past lies were allowed, these details would be unduly prejudicial to D, and a lot of trial time would be used up while D’s counsel tried to show that D did not really lie on the prior occasions.

b. Limited admissibility
In conformity with FRE 105, the evidence may refer only to character of truthfulness (rehab.) or untruthfulness (impeachment).

c. Evidence of truthfulness
No bolstering until witness impeached.
It may be admitted only in rebuttal to evidence of untruthfulness.


EXAMPLE: compared to FRE 404.
The defense introduces evidence that the victim (who testified) is an untruthful person, or the prosecution introduces evidence the defendant (who testified) is an untruthful person.
Q (PROSECUTOR): Ms. Quigley, do you know the reputation for truthfulness of John Barnes, who testified earlier in this trial?
DEFENSE LAWYER: Objection, your honor. We didn’t open the door to this.
JUDGE: Overruled. Ms. Quigley, you may answer the question.
A: Yes.
Q: How have you come to know his reputation?
A: I’ve known him for years. He lives in my neighborhood, and the neighbors talk about him regularly.
Q: What is his reputation for truthfulness?
A: It’s bad. He’s known as someone whose word can’t be trusted.
Q: Why do the neighbors feel that way?
DEFENSE LAWYER: Objection. They’re trying to get into specific instances.
JUDGE: Sustained. Ask another question.