2021 Georgia Code
Title 24 - Evidence
Chapter 6 - Witnesses
Article 1 - General Provisions
§ 24-6-608. Evidence of Character and Conduct of Witness

1. The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, subject to the following limitations:
   1. The evidence may refer only to character for truthfulness or untruthfulness; and
   2. Evidence of truthful character shall be admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise.
2. Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness's character for truthfulness, other than a conviction of a crime as provided in Code Section 24-6-609, or conduct indicative of the witness's bias toward a party may not be proved by extrinsic evidence. Such instances may however, in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness:
   1. Concerning the witness's character for truthfulness or untruthfulness; or
   2. Concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified.
3. The giving of testimony, whether by an accused or by any other witness, shall 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 character for truthfulness.

(Code 1981, §24-6-608, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

- A witness's character for truthfulness or untruthfulness, Fed. R. Evid. 608.

- For article, "The Need For a Special Exception to the Hearsay Rule in Child Sexual Abuse Cases," see 21 Ga. St. B.J. 50 (1984). For article, "An Analysis of Georgia's Proposed Rules of Evidence," see 26 Ga. St. B.J. 173 (1990). For article, "Character Evidence in the Civil Setting,” see 26 Ga. St. B.J. 20 (Dec. 2020).

ANALYSIS

• General Consideration
• Proof of Bad Character
• Proof of Good Character
• Instructions

RESEARCH REFERENCES

Am. Jur. 2d.

- 29 Am. Jur. 2d, Evidence, §§ 362, 365 et seq., 663. 81 Am. Jur. 2d, Witnesses, §§ 215 et seq., 272 et seq., 286 et seq., 406 et seq., 423 et seq., 458 et seq., 487, 501, 505.

- Right to impeach accused as a witness by proof of general bad moral character or reputation, 90 A.L.R. 870.

Instruction regarding good or bad character of witnesses as affecting their credibility, 120 A.L.R. 1442.

Cross-examination of character witness for accused with reference to particular acts or crimes, 47 A.L.R.2d 1258.

Impeachment of witness with respect to intoxication, 8 A.L.R.3d 749.

Propriety of cross-examining witness as to illicit relations with defendant in criminal case, 25 A.L.R.3d 537.

Admissibility of testimony as to general reputation at place of employment, 82 A.L.R.3d 525.

Modern status of admissibility, in forcible rape prosecution, of complainant's general reputation for unchastity, 95 A.L.R.3d 1181.

Admissibility, in incest prosecution, of evidence of alleged victim's prior sexual acts with persons other than the accused, 97 A.L.R.3d 967.

Admissibility of evidence of character of or reputation of party to civil action for sexual assault on issues other than impeachment, 100 A.L.R.3d 569.

Conviction by court-martial as proper subject of cross-examination for impeachment purposes, 7 A.L.R.4th 468.

Cross-examination of character witness for accused with reference to particular acts or crimes--modern state rules, 13 A.L.R.4th 796.

Use or admissibility of prior inconsistent statements of witness as substantive evidence of facts to which they relate in criminal case - modern state cases, 30 A.L.R.4th 414.

Admissibility of impeached witness's prior consistent statement - modern state criminal cases, 58 A.L.R.4th 985; 59 A.L.R.4th 1000.

Use of plea bargain or grant of immunity as improper vouching for credibility of witness - state cases, 58 A.L.R.4th 1229.

Propriety of using prior conviction for drug dealing to impeach witness in criminal trial, 37 A.L.R.5th 319.

What constitutes crime involving "dishonesty or false statement" under Rule 609(a)(2) of the Uniform Rules of Evidence, 83 A.L.R.5th 277.

What constitutes crime involving "dishonesty or false statement" under Rule 609(a)(2) of the Uniform Rules of Evidence or similar state rule-nonviolent crimes, 84 A.L.R.5th 487.

Admissibility of evidence of other crimes, wrongs, or acts under Rule 404(b) of the Federal Rules of Evidence, in civil cases, 171 A.L.R. Fed. 483.

Impeachment of federal trial witness with respect to intoxication, 106 A.L.R. Fed. 371.

Propriety and prejudicial effect of witness testifying while in prison attire, 1 A.L.R.7th 5.