CHARACTER OF VICTIM [FED. R. EVID. RULE 404(a)(2)]
Evidence of a pertinent character trait of the victim of the crime for aggressiveness offered by an accused or by the prosecution to rebut same, or evidence of a character trait for peacefulness of the victim offered by the prosecution in a homicide prosecution to rebut evidence the victim was the first aggressor. US v. Kelley, 545 F.2d 619 (8th Cir. 1976); Government of Virgin Islands
- Solis, 475 Supp 542 (D. Vir. Is. 1979).
OTHER CRIMES EVIDENCE [FED. R. CRIM. P. RULE 404(b)]
(See Evidence Outline)
While evidence of a pending indictment, probation or the knowledge of other crimes which have not been filed, may be admissible to demonstrate bias, prejudice or motive on the part of a prosecution witness to testify favorably on behalf of those with an axe over his head, Davis v. Alaska, 415 US 308 (1974); Luna v. Beto, 395 F.2d 35 (5th Cir. 1968), cert. denied, 394 US 966; same would not be true of a defense witness who would in fact be testifying against his interest.
FED. R. CRIM. P. Rule 404(b) provides that evidence of other crimes, wrongs or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation plan, knowledge, identity or absence of mistake or accident.
