Also known as: character witness · character evidence
Written by attorneys · grounded in primary & secondary sources — see below
Testimony offered by a witness regarding another individual's reputation in the community or the witness's personal opinion of a pertinent character trait. On cross-examination the court may permit inquiry into specific instances of conduct to test the basis of the testimony.
Charlotte Chung faced assault charges after a workplace dispute. She called her longtime colleague Carmen Choi to testify that Chung enjoys a reputation for remaining calm under pressure. On cross-examination the prosecutor asked Choi about two prior incidents in which Chung had raised her voice during staff meetings.
After pleading guilty, Christopher Collins presented seven character witnesses who described his reputation for nonviolence. The sentencing judge considered the testimony but still found a racial motive based on other evidence and imposed an enhanced term.
Select any source to read its text and confirm it supports the definition.
Cade Carpenter called his supervisor to give an opinion that Carpenter was not the type to commit theft. The prosecutor then inquired on cross-examination whether the supervisor had heard about Carpenter's prior arrest for receiving stolen property.
Charles Cunningham offered a neighbor's opinion testimony that he was law-abiding. The prosecutor asked the neighbor on cross-examination about an arrest for receiving stolen goods to probe the foundation of that opinion.
Chloe Chen claimed self-defense and called witnesses to describe the alleged victim's reputation for starting fights. The prosecution responded with rebuttal witnesses who testified to the victim's peaceful reputation.
Christopher Collins called a coworker to give reputation testimony of his honesty. The prosecutor asked the coworker on cross-examination whether he belonged to the same fraternal organization as Collins to explore possible bias.
A character witness may testify about the person's reputation in the community or give a personal opinion about a pertinent trait. Specific instances of conduct are not permitted on direct examination except when character is an essential element of a claim or defense.
Supporting sources
Once the defendant offers evidence of a pertinent character trait, the prosecution may rebut with evidence of the same trait through reputation or opinion testimony. The rebuttal must address the trait placed in issue by the defense.
Supporting sources
Yes. The court may allow inquiry into relevant specific instances of conduct to test the basis for the witness's reputation or opinion testimony. The inquiry is limited to testing credibility and foundation rather than proving the acts themselves.
Supporting sources
Specific instances are admissible on direct only when the character trait is an essential element of a charge, claim, or defense under the substantive law. In ordinary cases character is proved only by reputation or opinion.
Supporting sources
…the issue of Apprendi's "purpose" for the shooting on December 22. Apprendi adduced evidence from a psychologist and from seven character witnesses who testified that he did not have a reputation for racial bias. He also took the stand himself, explaining that the incident was an unintended consequence of overindulgence in alcohol,…