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In a federal murder trial, Defendant claims self-defense and calls two witnesses who testify that Victim had a reputation for violence. In rebuttal, the prosecutor offers testimony from Victim's pastor that Victim had a reputation in the community as peaceful. Defendant objects that the government is proving Victim acted peacefully on the night in question.
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The prosecutor may introduce peacefulness evidence in every criminal case without waiting for the defense to open the door. The prosecutor may introduce evidence of the victim's peacefulness because the defendant offered evidence that the victim was the first aggressor. The prosecutor may introduce peacefulness evidence only in a civil wrongful-death case. The prosecutor may introduce evidence that the defendant is violent only if the defendant testifies.

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