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Federal Rules of Evidence (US) QUESTION #3793
Question 1
A defendant is on trial for assault. He claims he acted in self-defense. He offers evidence that the victim has a reputation in the community for being 'extremely violent.' Is this admissible?
  • No, it's propensity evidence.
  • Yes, under Rule 404(a)(2)(B), a defendant may offer evidence of a victim's pertinent trait.✔️
  • No, unless the victim has already testified.
  • Yes, but only if the defendant knew of the victim's reputation at the time of the assault.
Correct Answer Explanation
Rule 404(a)(2)(B) allows a defendant in a criminal case to offer evidence of a victim's pertinent character trait (like violence) to support a claim of self-defense, regardless of the defendant's state of mind.