Mock Trial Objections Practice Test

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When a witness's specific instances of conduct are discussed to prove truthfulness, how are they treated under FRE 608?
Correct Answer:
They are generally not admissible on direct, but may be explored on cross-examination to attack or rehabilitate credibility.
Explanation:
Under FRE 608, credibility is built through reputation or opinion evidence about a witness’s truthfulness, but specific acts intended to prove or attack honesty are treated differently. These specific instances cannot be brought up on direct examination. Instead, they may be explored on cross-examination if they are relevant to truthfulness and the court allows the line of questioning. The idea is to permit targeted probing of credibility without turning direct examination into a narrative about past misconduct, and without introducing extrinsic evidence of those acts. If a specific instance is questioned, it must relate to honesty, and the court can limit or exclude questions that are unfairly prejudicial or not probative. In short, you don’t use specific instances on direct to prove truthfulness; you may inquire about them on cross to attack or rehabilitate credibility.

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