SCRE 405

(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.

Note:

Rule 405(a) is identical to the federal rule and changes the law in South Carolina in

one respect. Formerly, only testimony as to a person's general reputation was allowed.

State v. Groome, 274 S.C. 189, 262 S.E.2d 31 (1980); In re Greenfield's Estate, 245 S.C.

595, 141 S.E.2d 916 (1965). Rule 405(a) allows evidence of character to be in the form

of opinion or reputation evidence. The portion of Rule 405(a) regarding cross-examination as to specific acts is consistent with the law in South Carolina. State v.

Major, 301 S.C. 181, 391 S.E.2d 235 (1990) (when the accused offers evidence of his

good character regarding specific character traits relevant to the crime charged, the

state may cross-examine as to particular bad acts or conduct relating to the traits

focused on by the accused).

Rule 405(b) is identical to the federal rule and is consistent with South Carolina law.

State v. Amburgey, 206 S.C. 426, 34 S.E.2d 779 (1945).