Rule 405. Methods of proving character

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 a charge, claim, or defense, proof may also be made of specific instances of that person’s conduct. [Amended 8-15-2013, eff. 10-1-2013.]

Committee Notes

Advisory Committee’s Notes This rule tracks verbatim the corresponding federal rule, except to add the language “except under Rule 404(a)(1).” It establishes the permissible forms of evidence through which one is allowed to prove character or a trait of character. These are reputation, opinion, and specific instances of conduct. Section (a). Reputation. In all cases where evidence of character or a trait of character is admissible, it may be proven through the medium of reputation. This is consistent with preexisting Alabama law. When the defense chooses to prove the accused’s good character, for example, it may do so through evidence of general reputation. Beaird v. State, 215 Ala. 27, 109 So. 161 (1926); Jones v. State, 514 So.2d 1060 (Ala.Crim.App.), cert. denied, 514 So.2d 1068 (Ala.1987). See 1A J. Wigmore, Wigmore on Evidence § 56 (Tillers rev. 1983); C. Gamble, McElroy’s Alabama Evidence § 27.01(2) (4th ed. 1991); J. Colquitt, Alabama Law of Evidence § 4.4(b) (1990). To be admissible, evidence of reputation must meet several foundational prerequisites. These requirements are unaffected by the adoption of this rule. See, e.g., Steele v. State, 389 So.2d 591 (Ala.Crim.App.1980) (dealing with definition of the term “community,” which must be used whenever one asks a question calling for evidence of reputation); C. Gamble, McElroy’s Alabama Evidence § 26.02 (4th ed. 1991) (dealing with foundational requirements, such as the contacts of the witness and the person whose reputation is in question with the community from which the reputation is drawn). See also C. Gamble, Character Evidence: A Comprehensive Approach 2 (1987). Opinion. Whenever evidence of a person’s character is admissible, that evidence may be in the form of a witness’s opinion of the person’s character, except when the defense is proving an accused’s good character or the prosecution is rebutting an accused’s evidence of good character. This use of opinion evidence is new to the law of Alabama. His