Paralegal Certification PrepLitigationHard
A paralegal is assisting a defense attorney in a criminal case where the defendant is accused of felony assault. The attorney wants to present evidence that the victim has a history of initiating physical altercations when intoxicated, to support a claim of self-defense. Which Federal Rule of Evidence governs the admissibility of such evidence?
- AFRE 401 (Relevance)
- BFRE 404(a)(2) (Character Evidence; Other Crimes, Wrongs, or Acts)
- CFRE 802 (The Rule Against Hearsay)
- DFRE 608 (Witness's Character for Truthfulness)
Show answer & explanationAnswer & explanation
Correct answer: B. FRE 404(a)(2) (Character Evidence; Other Crimes, Wrongs, or Acts)
FRE 404(a)(2) specifically addresses character evidence of a victim. It permits a defendant in a criminal case to offer evidence of an alleged victim's pertinent trait, and if the evidence is admitted, the prosecutor may then offer evidence to rebut it. This rule allows the defense to introduce the victim's character for violence to support a self-defense claim.
Why the other options are wrong
- A. FRE 401 defines relevance but doesn't specifically address character evidence of a victim.
- C. FRE 802 is the general rule against hearsay, which is not directly applicable to character evidence admissibility.
- D. FRE 608 deals with a witness's character for truthfulness, not a victim's propensity for violence.
FRE 404(a)(2) (Victim's Character Evidence)
In a criminal case, a defendant may offer evidence of an alleged victim's pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it.
- Applies in criminal cases.
- Allows defense to introduce victim's character trait (e.g., violence).
- Often used to support self-defense claims.
- Opens the door for the prosecution to rebut.
Memory trick: Character evidence: not for general use, but exceptions prove the rule.