Books and Journals Cross Examination: A Primer for the Family Lawyer (ABA) Chapter 13 Cross Examination by Bad Acts or Conviction

Chapter 13 Cross Examination by Bad Acts or Conviction

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Chapter 13 Cross Examination by Bad Acts or Conviction

The proffer of character evidence to raise the inference that a witness has acted consistently with a particular character trait is generally prohibited. However, there are certain exceptions where the issue is the witness' reputation for truth and veracity, as opposed to the character of the witness generally.

Specifically, Federal Rules of Evidence section 608(b) states that

Except for a criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness's conduct in order to attack or support the witness's character for truthfulness. But the court may, on cross examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of: (1) the witness; or (2) another witness whose character the witness being cross examined has testified about.

Accordingly, character evidence to support credibility is only admissible after...

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