Also known as: prius laesit · first aggressor · initial injury
Written by attorneys · grounded in primary & secondary sources — see below
A claim or showing that the alleged victim initiated the violence in a homicide prosecution. The prosecutor may then introduce evidence of the victim's trait of peacefulness to counter the assertion.
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Philip Powell is charged with homicide after a fatal fight at a bar. He claims the victim struck first and offers testimony that the victim had a reputation for starting brawls. The prosecutor responds by calling witnesses who describe the victim's reputation for peacefulness and nonviolence in the community. The court admits the peacefulness evidence to rebut the first-aggressor assertion.
Pilar Pena faces homicide charges after a confrontation outside her home. Her attorney introduces testimony that the deceased had a history of aggressive behavior toward neighbors. The prosecutor then offers evidence of the deceased's general reputation for being peaceful to counter the claim that the deceased was the first aggressor.
The prosecutor may introduce evidence of the alleged victim's trait of peacefulness once the defense has placed the victim's character for aggression at issue by claiming the victim was the first aggressor.
Supporting sources
No particular form is required. The defense may raise the first-aggressor issue through reputation testimony, specific instances, or other admissible evidence that the victim struck first.
Supporting sources
The rule permits the prosecutor to offer evidence of the victim's peacefulness trait without restricting the form, so long as the evidence rebuts the first-aggressor claim.
Supporting sources
…The terminology stems from the fact that a child is pursuing liability against a party for a second injury that flows from an initial injury to the mother that occurred before the child was conceived. Only a handful of courts have addressed whether a child has a cause of action for a preconception tort. One recurring issue is…