Military Rule of Evidence 608 – Evidence of character, conduct, and bias of witness
Opinion and reputation evidence of character – The credibility of the witness can be questioned or supported by evidence in the form of opinion or reputation, but subject to these limitations: (1) such evidence can refer only to character for truthfulness or untruthfulness, and (2) evidence of truthful character is admissible only if the character of the witness for truthfulness has been questioned by opinion or reputation evidence or otherwise.
Specific instance of conduct – Specific instances of conduct of a witness, for the purpose of questioning or supporting the credibility of the witness, besides conviction of crime as per MRE 609, cannot be established by extrinsic evidence. They may, however, in the discretion of the military judge, when probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness (1) regarding character of the witness for truthfulness or untruthfulness, or (2) concerning the character for truthfulness or untruthfulness of another witness about which character the witness being cross-examined has testified. The providing of testimony, whether by an accused or by another witness, does not operate as a waiver of the privilege against self-incrimination if examined with respect to matters that relate only to credibility.
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