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

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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
dc.format.mimetype application/pdf
dc.language.iso en_US en
dc.publisher University of Oregon School of Law en
dc.subject Evidence (Law)
dc.subject Character evidence
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


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