Wis. Stat. § 904.05
Methods of proving character
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904.05(1)(1) 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.
904.05(2)(2) 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 the person’s conduct.
904.05 AnnotationA detective’s opinion of a drug addict’s reputation for truth and veracity did not qualify to prove reputation in the community because it was based on 12 varying opinions of persons who knew the addict, from which a community reputation could not be ascertained. Edwards v. State, 49 Wis. 2d 105, 181 N.W.2d 383 (1970).
904.05 AnnotationWhen a defendant’s character evidence is by expert opinion and the prosecution’s attack on the basis of the opinion is answered evasively or equivocally, then the trial court may allow the prosecution to present evidence of specific incidents of conduct. King v. State, 75 Wis. 2d 26, 248 N.W.2d 458 (1977).
904.05 AnnotationIn order for specific acts of violence to be admissible, character or a trait of character of a person must be an essential element of a charge, claim, or defense. In a homicide case in which a claim of self-defense is raised, character evidence may be admissible as evidence of a defendant’s state of mind so long as the defendant had knowledge of the prior acts at the time of the offense. State v. Jackson, 2014 WI 4, 352 Wis. 2d 249, 841 N.W.2d 791, 11-2698.
904.05 AnnotationEvidence—Self-Defense—Prior Acts of the Victim. Paulson. 1974 WLR 266.
Notes of Decisions
Cited in 20
cases (3 in the last 5 years), 1977–2023 · leading case: State v. Curtis L. Jackson
State v. Curtis L. Jackson (2014)
“In the court of appeals, Jackson conceded that the specific acts of violence were inadmissible to prove the character of the victim under Wis. Stat. § 904.05 (2), but argued that the victim's violent character could still have been proved by reputation testimony under § 904.”
State v. Franklin (2004)
“See Wis. Stat. § 904.05 (2) (2001-02). Section 904.”
State v. Patrick J. Lynch (2016)
“§ 904.05 (2) privilege."). ¶116 It is consistent with the approach taken by a majority 11 of state courts.”
State v. Davis (2002)
“Wis. Stat. § 904.05 (1). [7-9] ¶ 17. Expert testimony is permitted when specialized knowledge will assist the trier of fact.”
State v. Evans (1994)
“The method of presenting such evidence, however, is guided by § 904.05, Stats., which provides: 904.05 Methods of proving character (1) Reputation or opinion.”
State v. Solberg (1997)
“Such a procedure strikes an appropriate balance between the defendant's due process right to be given a meaningful opportunity to present a complete defense [7] and the policy interests underlying the Wis. Stat. § 904.05 (2) privilege. We described the public policy behind the…”
State v. Alan S. Johnson (2023)
“§ 904.05 (2) privilege." Solberg, 211 Wis.”
King v. State (1977)
“The trial court did not view, and we think properly so, either the testimony of the psychologist or the rebuttal testimony of witnesses Langley and Trongeau strictly as general character or reputation testimony governed by the provisions of sec. 904.05, Stats. In fact, the…”
State v. Shaw (1985)
“, The defendant relied on sec. 904.05(2), Stats., 1 for admission of this testimony.”
State v. Richard A. P. (1998)
“See § 904.05, Stats. Any testimony presented is then subject to cross-examination.”
State v. Pence (1989)
“] Because predisposition thus becomes an element required to be proven by the state, specific instances of conduct are admissible under sec. 904.05(2), Stats. Murzyn, 631 F.2d at 528 n.”
State v. Bedker (1989)
“We reject defendant’s argument that evidence that she had never been convicted for a crime is admissible under sec. 904.05(1), Stats. Under this rule of evidence, “[i]n all cases in which evidence of character or a trait of character of a person is admissible, proof may be made…”
— Wis. Stat. § 904.05(1) — 7 cases
State v. Curtis L. Jackson (2014)
“In the court of appeals, Jackson conceded that the specific acts of violence were inadmissible to prove the character of the victim under Wis. Stat. § 904.05 (2), but argued that the victim's violent character could still have been proved by reputation testimony under § 904.”
King v. State (1977)
“The trial court did not view, and we think properly so, either the testimony of the psychologist or the rebuttal testimony of witnesses Langley and Trongeau strictly as general character or reputation testimony governed by the provisions of sec. 904.05, Stats. In fact, the…”
State v. Bedker (1989)
“We reject defendant’s argument that evidence that she had never been convicted for a crime is admissible under sec. 904.05(1), Stats. Under this rule of evidence, “[i]n all cases in which evidence of character or a trait of character of a person is admissible, proof may be made…”
State v. Cardenas-Hernandez (1997)
State v. Brecht (1987)
— Wis. Stat. § 904.05(2) — 6 cases
State v. Franklin (2004)
“See Wis. Stat. § 904.05 (2) (2001-02). Section 904.”
State v. Shaw (1985)
“, The defendant relied on sec. 904.05(2), Stats., 1 for admission of this testimony.”
State v. Pence (1989)
“] Because predisposition thus becomes an element required to be proven by the state, specific instances of conduct are admissible under sec. 904.05(2), Stats. Murzyn, 631 F.2d at 528 n.”
State v. Anthony Howard, Jr. (2020)
State v. Michael L. Parks (2020)
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