This preview shows page 1. Sign up to view the full content.
Unformatted text preview: re in Missouri changed it to incorporate balancing test but that law has yet to be reviewed. Only court that has found one of these past sexual offense laws to be unconstitutional. Evidence Concerning THE VICTIM in a Criminal Case: Homicide and Assault [FRE 404(a)(2), 404(b), 405(a)]
404(a)(2) allows for evidence of a character trait of peacefulness of the alleged victim offered by the prosecution in a homicide case to rebut evidence that the alleged victim was the first aggressor. Limited by 405 can only use reputation or opinion to show victim's peacefulness. 404(b) Bans evidence of other crimes, wrongs or acts or proof of the character of a person in order to show action in conformity therewith. Other crimes, wrongs, or acts, however, are admissible for other purposes such as: Proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, provided that reasonable notice is provided of the general evidence it intends to produce at trial! FRE 405(a): Reputation or Opinion. In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation of by testimony in the...
View Full Document