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Federal Rules of Evidence (US) QUESTION #3790
Question 1
A defendant is on trial for possession of stolen property. He testifies in his own defense. On cross-examination, the prosecutor asks, 'Isn't it true that you lied on your last two tax returns?' The defendant has never been convicted of tax fraud. Is the question permitted?
  • No, because there was no conviction.
  • Yes, because Rule 608(b) allows inquiry into specific instances of conduct on cross-examination if they are probative of the witness's character for truthfulness.✔️
  • No, because it is 'extrinsic evidence.'
  • Yes, but only if the defendant first introduced evidence of his own good character.
Correct Answer Explanation
Rule 608(b) allows a court to permit cross-examination into specific instances of conduct (even without conviction) if they are probative of the witness's character for truthfulness or untruthfulness.