dc.contributor.author |
Behan, Christopher W. |
|
dc.date.accessioned |
2008-07-11T22:41:34Z |
|
dc.date.available |
2008-07-11T22:41:34Z |
|
dc.date.issued |
2007 |
|
dc.identifier.citation |
86 Or. L. Rev. 733 (2007) |
en |
dc.identifier.issn |
0196-2043 |
|
dc.identifier.uri |
http://hdl.handle.net/1794/6816 |
|
dc.description |
64 p. |
en |
dc.description.abstract |
In this Article, I suggest that the 2000 amendment to Rule
404(a)(1) did not go far enough in enhancing the jury’s ability to
determine the probable first aggressor in a homicide or assault
case. I propose a further amendment to Rule 404 that does two
things: (1) permits the defendant to introduce evidence of the
alleged victim’s relevant, specific acts of violence to demonstrate
the probability that the defendant was the first aggressor; and (2)
permits the prosecution to reply in kind, subject to a specific
balancing test and the defendant’s constitutional right to present
a defense. Regardless of whether the Advisory Committee
adopts my proposed amendment, other American jurisdictions
should consider amending their character evidence rules to
enhance the fact-finding function of the jury in self-defense cases. Part I of this Article examines the defense of self-defense, the
nexus between self-defense and character evidence, and the
historical development of the self-defense-related character
evidence rules, culminating in the 2000 amendment to Rule
404(a)(1). Part II introduces a proposed amendment to Rule
404. Part III suggests a test for evaluating character evidence
rules in self-defense cases and applies this test to several
hypothetical situations, comparing the proposed rule with the
current rules. |
en |
dc.format.extent |
256595 bytes |
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dc.format.mimetype |
application/pdf |
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dc.language.iso |
en_US |
en |
dc.publisher |
University of Oregon School of Law |
en |
dc.subject |
Evidence (Law) |
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dc.subject |
Character evidence |
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dc.title |
Oregon Law Review : Vol. 86 No. 3, p. 733-796 : When Turnabout Is Fair Play: Character Evidence and Self-Defense in Homicide and Assault Cases |
en |
dc.title.alternative |
When Turnabout Is Fair Play: Character Evidence and Self-Defense in Homicide and Assault Cases |
en |
dc.type |
Article |
en |