A paralegal is assisting an attorney with preparing for a criminal trial where the defendant is charged with assault. The attorney wants to present evidence that the victim has a history of initiating physical altercations and has a reputation for violence in the community. What type of evidence is the attorney seeking to introduce, and under which rule might its admissibility be challenged?
- ASpecific acts evidence, typically admissible under Rule 608(b)
- BCharacter evidence, generally inadmissible under Rule 404(a) but potentially admissible to show victim's character under specific circumstances
- CCharacter evidence, typically admissible under Rule 404(b)
- DHearsay evidence, generally inadmissible under Rule 802 but potentially admissible under an exception
Show answer & explanationAnswer & explanation
Correct answer: B. Character evidence, generally inadmissible under Rule 404(a) but potentially admissible to show victim's character under specific circumstances
This is character evidence. While generally inadmissible to prove conduct in conformity therewith (Rule 404(a)), the defense can introduce evidence of a victim's violent character in a criminal case to show the victim was the initial aggressor, subject to specific rules and limitations, making (C) the most accurate answer.
Why the other options are wrong
- A. Rule 608(b) allows inquiry into specific instances of conduct on cross-examination for truthfulness, not to prove the victim was the aggressor.
- C. Rule 404(b) deals with 'other acts' evidence to prove motive, opportunity, etc., not character to show conduct in conformity.
- D. While the evidence might involve out-of-court statements, the core issue described is character, not hearsay, and it would be challenged under character evidence rules first.
Character Evidence (Victim)
Evidence of a person's character or character trait, generally inadmissible to prove that on a particular occasion the person acted in accordance with the character or trait, but with exceptions, such as a criminal defendant introducing evidence of a victim's violent character.
- Generally inadmissible to show propensity (FRE 404(a))
- Exception: defense can introduce victim's violent character in criminal case
- Opens door for prosecution to rebut victim's character or present defendant's character for same trait
Memory trick: Character's NO-GO, unless it's a VITAL exception.