Set 2 of exceptions to FRE 404 [404(a)(2)(A), (B), (C)]

Question 1

FRE 404(a)(2)(A): Exceptions for a Defendant in a Criminal Case

Answer 1

In a criminal case a defendant may offer evidence of the defendant’s pertinent character trait and if the evidence is admitted, the prosecutor may offer evidence to rebut it.

Question 2

FRE 404(a)(2)(B): Exceptions for the Victim in a Criminal Case

Answer 2

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:

(a) offer evidence to rebut it; and
(b) Offer evidence of the Defendant’s same trait.

Question 3

How is the use of FRE 404(a)(2)(A) and (B) limited?

Answer 3

1) They give the defendant SOLE option to open the character inquiry.
2) Only allow evidence of a pertinent trait of character of the defendant or the victim.

Question 4

FRE 404(a)(2)(C): Exceptions for the Victim in a Criminal Homicide case

Answer 4

In a homicide case, the prosecutor may offer evidence of the alleged victim’s trait of peacefulness to rebut the evidence that the victim was the first aggressor.