True or False: Asking about past conduct to show truthfulness is always improper.

True or False: Asking about past conduct to show truthfulness is always improper.

• A. True
• B. False
• C. It depends on the context
• D. Not admissible under any circumstances

Answer: (B)

Credibility and impeachment guide how past conduct relates to truthfulness. You don’t bolster a witness’s truthfulness by pointing to random past acts, since truthfulness is usually shown by reputation or opinion evidence. But on cross-examination you may inquire about specific past acts that bear on a witness’s honesty to test credibility, under rules that limit scope and relevance. Those questions aim to reveal a tendency to lie or be dishonest, not to prove that the witness is inherently trustworthy. Because of these limits, it isn’t correct to say that asking about past conduct to show truthfulness is always improper. There are permissible contexts where such inquiry helps assess credibility, while other contexts (like trying to prove honesty in general on direct) would be inappropriate.

Credibility and impeachment guide how past conduct relates to truthfulness. You don’t bolster a witness’s truthfulness by pointing to random past acts, since truthfulness is usually shown by reputation or opinion evidence. But on cross-examination you may inquire about specific past acts that bear on a witness’s honesty to test credibility, under rules that limit scope and relevance. Those questions aim to reveal a tendency to lie or be dishonest, not to prove that the witness is inherently trustworthy. Because of these limits, it isn’t correct to say that asking about past conduct to show truthfulness is always improper. There are permissible contexts where such inquiry helps assess credibility, while other contexts (like trying to prove honesty in general on direct) would be inappropriate.