§ 12-2608. Evidence of character and conduct of witness.  


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  • A.  The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, subject to these limitations:

    1.  The evidence may refer only to character for truthfulness or untruthfulness; and

    2.  Evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked.

    B.  Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness’s credibility, other than conviction of crime as provided in Section 2609 of this title, may not be proved by extrinsic evidence.  They may, however, in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness if they:

    1.  Concern the witness’s character for truthfulness or untruthfulness;

    2.  Concern the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified.

    C.  The giving of testimony, whether by an accused or by any other witness, does not operate as a waiver of the accused’s or the witness’s privilege against self-incrimination when examined with respect to matters which relate only to credibility.

Added by Laws 1978, c. 285, § 608, eff. Oct. 1, 1978.  Amended by Laws 2002, c. 468, § 47, eff. Nov. 1, 2002.