Ohio Evid.R. 608

History

Effective Date: July 1, 1980 Amended: July 1, 1992 Staff Note (July 1, 1992 Amendment) Rule 608 Evidence of Character and Conduct of Witness Rule 608(B) Specific instances of conduct The amendment substitutes the phrase “character for truthfulness” for the term “credibility.” The latter term is too broad and, therefore, may cause confusion. Evid.R. 608, along with Evid.R. 609 (prior convictions), concerns impeachment by means of character evidence. The rule does not deal with other methods of impeachment, such as bias, which is governed by Evid.R. 616, or prior inconsistent statements, which are governed by Evid.R. 613. Thus, the limitation on the admissibility of extrinsic evidence in Evid.R. 608(B) concerns only specific acts of conduct reflecting upon untruthful character, and not on “credibility” in general. Extrinsic evidence may be admissible under some other theory of impeachment. Indeed, Evid.R. 616 explicitly provides for the admissibility of extrinsic evidence of bias. Extrinsic evidence of a prior inconsistent statement is admissible under Evid.R. 613(B), provided a foundation is laid on cross-examination. In addition, extrinsic evidence offered to show contradiction, an impeachment method not specifically covered by any rule, may be admissible under certain circumstances. State v. Williams (1984), 16 Ohio App.3d 484, 477 N.E. 2d 221 (testimony that rape complainant had engaged in sex with males in the course of prostitution admitted after complainant voluntarily test ified that she had not consented to intercourse with defendant because she was a lesbian); G. Joseph & S. Saltzburg, Evidence in America: The Federal Rules in the States. ch. 42, at 9-10 (1987). Commentators on the Federal Rules have recognized this problem. See A.B.A. Criminal Justice Section, Federal Rules of Evidence: A Fresh Review and Evaluation, 120 F.R.D. 299, 355 (1987) (“The root of the trouble seems to be the Rule’s obscure wording. Perhaps foremost of the troubles …. is confusion concerning whether wrongdoing offered to show bias …… rather than to show credibility - character, is covered by Rule 608(B).”) The Federal R ules do not contain a rule on impeachment by bias. Nevertheless, the Supreme Court resolved the issue in United States v. Abel (1984), 469 U.S. 45, 105 S.Ct. 465, 83 L.Ed. 2d 450, holding extrinsic evidence of bias admissible notwithstanding Fed. R. Evid. 608(b). See also La.Code Evid. art. 608(B) (phrase “character for truthfulness” used in lieu of “credibility”). In addition, masculine references are replaced by gender-neutral language, the style used for rule references is revised, and grammatical changes are made. No substantive change is intended.