Is the Witness Believable? A New Look at Truth and Veracity Character Evidence and Bad Acts Relevant to Truthfulness in a Criminal Case

Authors

Fred W. Bennett

First Page

569

Document Type

Article

Abstract

This article explores the evidentiary use at trial of a witness' character for truthfulness or untruthfulness.' Additionally, the article discusses Federal Rules of Evidence (Rule or Rules) 404(a)(1), 405(a), 608(a), and 608(b). Part II of this article covers the common law antecedents of the rules governing the use of truth and veracity character evidence. Part III explores the rationale and scope of Rule 404(a)(1), with illustrations of the use of opinion and reputation evidence under this rule. This section also includes a discussion of Rule 405(a), with an illustration of cross-examination under this rule. Part IV covers Rule 608(a) along with a discussion of a minority position which allows a defendant to put on opinion or reputation character evidence when a defendant testifies and is charged with a veracity impeaching offense. Part V follows with a discussion on Rule 608(b). Finally, Part VI presents a proposed amendment to Rule 608(a)(2).

Recommended Citation

Fred W. Bennett, Is the Witness Believable? A New Look at Truth and Veracity Character Evidence and Bad Acts Relevant to Truthfulness in a Criminal Case, 9 St. Thomas L. Rev. 569 (1997).
Available at: https://scholarship.stu.edu/stlr/vol9/iss3/8