In a homicide case, evidence of the alleged victim's trait of peacefulness to rebut evidence that the victim was the first aggressor is admissible under which rule?

• A. Rule 404. (a)(2)(C)
• B. Rule 404. (a)(2)
• C. Rule 404. (b)(1)
• D. Rule 406

Answer: (A)

In a homicide case, there is a narrow exception to the general ban on using a person’s character to prove conduct: evidence about the alleged victim’s character for peacefulness may be admitted to rebut evidence that the victim was the aggressor. This specific allowance helps evaluate self-defense claims by showing that the victim was not likely the aggressor, which can shift the analysis toward the defendant’s claimed need to defend themselves.

This is why the rule cited is the appropriate one: it targets the victim’s character in the self-defense context and permits presenting the alleged victim’s peacefulness to counter assertions that the victim started the fight. It’s not about general character evidence or habit; it’s a targeted exception under the Rule 404(a)(2) framework that recognizes fairness in evaluating who initiated the confrontation.

So, the admissibility rests on this precise provision that allows the victim’s peacefulness to rebut the claim that the victim was the aggressor, rather than on the broader applicability of other parts of Rule 404 or on Rule 406.