Colo. R. Evid. 405

As amended through Rule Change 2024(7), effective April 4, 2024

Rule 405 - Methods of Proving Character

(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. Except as limited by §§ 16-10-301 and 18-3-407 , 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.

(Federal Rule Identical Except for Statutory Limitation.)

CRE 405

Source: (b) amended September 29, 2005, effective 1/1/2006.

Annotation Law reviews. For article, "Hearsay in Criminal Cases Under the Colorado Rules of Evidence: An Overview", see 50 U. Colo. L. Rev. 277 (1979). For article, "The Use of Character to Prove Conduct: Rationality and Catharsis in the Law of Evidence", see 58 U. Colo. L. Rev. 1 (1986-87). Evidence may show character trait of aggression of victim. When the purpose of the evidence is to show a pertinent character trait of the victim from which it may be inferred that he was the initial aggressor, that trait may be shown by specific instances of past conduct. People v. Jones, 635 P.2d 904 (Colo. App. 1981). But where theory of defense was that homicide was committed in self-defense against a homosexual assault and the victim's alleged homosexuality itself would not prove an element of self-defense, evidence of the victim's homosexuality could only be introduced via reputation or opinion evidence, not via a specific instance of conduct. People v. Miller, 981 P.2d 654 (Colo. App. 1998). Reputation and rumor distinguished. People v. Erickson, 883 P.2d 511 (Colo. App. 1994). Evidence in the form of reputation or opinion concerning a witness' character for truthfulness may be introduced to support the credibility of the person when the witness' character for truthfulness has been attacked; however, such testimony must be based on opinion held generally in a broad community. People v. Ayala, 919 P.2d 830 (Colo. App. 1995). Reputation is distinguished from rumor in that is must be established over a period of time. People v. Ayala, 919 P.2d 830 (Colo. App. 1995). Trial court has the responsibility to ensure that an adequate foundation has been laid for the introduction of reputation evidence. People v. Erickson, 883 P.2d 511 (Colo. App. 1994). Defendant's offer of proof, consisting of opinions of two unnamed declarants, regarding victim's sexual orientation was mere rumor and not admissible as evidence of reputation in the community. People v. Erickson, 883 P.2d 511 (Colo. App. 1994). Improper use of character evidence by permitting the prosecution to present evidence regarding the violent character of defendant's witnesses, purportedly in order to challenge their testimony regarding defendant's nonviolent character, was not objected to at trial court level on grounds of improper character evidence, and under standard of plain error, the admission of the improper character evidence did not so undermine the fundamental fairness of the trial itself as to cast serious doubt on the reliability of the judgment of conviction. People v. Deroulet, 22 P.3d 939 (Colo. App. 2000), rev'd on other grounds, 48 P.3d 520 (Colo. 2002). Applied in People v. Jones, 675 P.2d 9 (Colo. 1984); People v. Thomas, 694 P.2d 1280 (Colo. App. 1984). .