Methods of proving character

Military Rules of Evidence

Rule: 405

Jurisdiction: US

Bluebook Citation: Mil. R. Evid. 405

(a) By Reputation or Opinion. When evidence of a person’s character or character trait is admissible, it may be proved by testimony about the person’s reputation or by testimony in the form of an opinion. On cross-examination of the character witness, the military judge may allow an inquiry into relevant specific instances of the person’s conduct. (b) By Specific Instances of Conduct. When a person’s character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by relevant specific instances of the person’s conduct. (c) By Affidavit. 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 the Armed Forces profession. “Community” includes a post, camp, ship, station, or other military organization regardless of size. in

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