Thursday, November 16, 2023

More reverse 404(b)

Earlier in the semester, I gave you a clip from the movie The Jagged Edge as an example of "reverse 404(b)"--the defense using other crimes, wrongs, or acts to establish third-party guilt. Here is a real example, from a New York Times article, of reverse 404(b) to establish self-defense.

The case involves a high-profile assault by a homeless man of a neighborhood resident in San Francisco, a story that became a touchstone for tales of the city's "doom loop" of drugs, homelessness, and urban decay. Video evidence of the attack shows the victim spraying the defendant with bear mace prior to the assault. And videos later emerged of eight other incidents in which someone resembling the victim sprayed homeless persons with bear mace. So you can see what the defense would like to do with these videos--and spend some time on the theory for why and how.

The case is due to go to trial in a few weeks. The court found probable cause for the charges because of evidence the attack went beyond what self-defense justifies.