Methods of Proving Character

Rule 405. Form of proof

Rule 405. Methods of Proving Character

militarydefenselawyers369Rule 405. Methods of proving character (a) Reputation or opinion. In all cases in which evidence of character or a trait of character of a person is
admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct.
(b) Specific instances of conduct. In cases in which character or a trait of character of a person is an essential element of an offense or defense, proof may also be made of specific instances of the person’s conduct.
(c) Affidavits. The defense may introduce affidavits or other written statements of persons other than the accused concerning the character of the accused. If the defense introduces affidavits or other written
statements under this subdivision, the prosecution may, in rebuttal, also introduce affidavits or other
written statements regarding the character of the accused. Evidence of this type may be introduced by the
defense or prosecution only if, aside from being contained in an affidavit or other written statement, it
would otherwise be admissible under these rules.
(d) Definitions. “Reputation” means the estimation in which a person generally is held in the community
in which the person lives or pursues a business or profession. “Community” in the armed forces includes
a post, camp, ship, station, or other military organization regardless of size.