Paralegal Certification PrepLitigationMedium
A paralegal is assisting a defense attorney in a criminal case where the defendant is accused of assault. The prosecution has presented evidence that the victim suffered significant injuries. The defense attorney believes that the victim's own aggressive behavior immediately prior to the incident provoked the defendant's actions. To introduce this evidence, the attorney must overcome a common evidentiary rule regarding the victim's character. Under what condition is evidence of a victim's character for aggression generally admissible in a criminal case?
- AIf the defendant claims self-defense and the evidence is offered to prove the victim was the first aggressor.
- BOnly if it is directly related to the victim's credibility as a witness.
- COnly if the victim is a minor.
- DIf the prosecution first introduces evidence of the victim's peaceful character.
Show answer & explanationAnswer & explanation
Correct answer: A. If the defendant claims self-defense and the evidence is offered to prove the victim was the first aggressor.
Under Federal Rule of Evidence 404(a)(2)(B), a defendant may offer evidence of a victim's pertinent trait of character (e.g., aggression) if the defendant claims self-defense and the evidence is offered to prove that the victim was the first aggressor. This is an exception to the general rule against character evidence.
Why the other options are wrong
- B. Character evidence for aggression is usually about conduct, not directly about truthfulness as a witness.
- C. The victim's age is not a general condition for admitting character evidence of aggression.
- D. This is a condition for the prosecution to rebut, not for the defense to introduce initially.
Victim's Character Evidence (Self-Defense)
Evidence of a victim's character trait (e.g., aggression) admissible when the defendant claims self-defense to show the victim was the first aggressor.
- Exception to general character evidence rule (FRE 404)
- Applies in criminal cases
- Used to support self-defense claim
Memory trick: Character evidence is usually out, but self-defense gets a pass for the victim's 'first punch' character.