When a criminal defendant claims that he acted in self-defense, he is permitted to introduce evidence of (1) prior threats made against him by the alleged victim, (2) specific acts of violence committed by the alleged victim, and/or (3) the alleged victim’s reputation for violence.
Prior Threats
If the alleged victim has threatened the defendant in the past, evidence of the threat or threats maybe used at trial to show that the defendant was in reasonable fear of the alleged victim.
Where self defense is invoked by a defendant, threats of violence made against him by the person hurt or killed by him are generally admissible, when known to the defendant before the act, as evidence of his apprehension for his own safety, and the reasonableness of that apprehension.
Commonwealth v. Rubin, 318 Mass. 587, 588 (1945).
Specific Acts of Violence
Next, a defendant asserting that he acted in self-defense may introduce evidence of specific acts of violence made against him by the alleged victim. Again, such evidence can be used to show that the defendant had good reason to fear the alleged victim. Such evidence may also be introduced to prove that the alleged victim was the initial aggressor.
According to the Supreme Judicial Court,
Massachusetts has long followed the evidentiary rule that permits the introduction of evidence of the victim’s violent character, if known to the defendant, as it bears on the defendant’s state of mind and the reasonableness of his actions in claiming to have acted in self-defense.
Commonwealth v. Adjutant, 443 Mass. 649, 654 (2005).
The same opinion goes on to add,
where the identity of the first aggressor is in dispute and the victim has a history of violence, we hold that the trial judge has the discretion to admit evidence of specific acts of prior violent conduct that the victim is reasonably alleged to have initiated, to support the defendant’s claim of self-defense.
Id. at 664.
The alleged victim’s specific acts of violence can be used to show that he was the first-aggressor even when the defendant had no advance knowledge of those acts. See Adjutant at 654-55.
Any defendant who intends to introduce evidence of the alleged victim’s prior violent acts must give notice to the court and the prosecution prior to trial.
A defendant who intends to introduce evidence of the victim’s specific acts of violence to support a claim that the victim was the first aggressor must provide notice to the court and the Commonwealth of such intent and of the specific evidence he intends to offer. This notice must come sufficiently prior to trial to permit the Commonwealth to investigate and prepare a rebuttal. The prosecutor, in turn, must provide notice to the court and the defendant of whatever rebuttal evidence he or she intends to offer at trial.
Adjutant, at 666.
Reputation for Violence
Finally, anyone claiming that he acted in self defense can introduce evidence of the alleged victim’s
reputation for violence. “[T]he character of the person hurt or killed as a powerful, dangerous, quarrelsome or violent person, if known to the defendant, may be admitted” as “evidence of his apprehension for his own safety, and the reasonableness of that apprehension.” See Rubin, 318 Mass. at 588.
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