Other-crimes evidence can be prejudicial, but not unfair

Prosecution and Procedure

By David J. Robinson

David J. Robinson is a lawyer, adjunct professor, author and chief deputy director for the State’s Attorneys Appellate Prosecutor.

Posted June 3, 2021 11:05 AM

“The intended function of the other-crimes evidence, let us be clear, was to prejudice defendant. The prosecutor should be expected to present evidence prejudicial to the defendant.” People v. Jones, 2020 IL App (4th) 190909, Para.160.This concept, articulated perfectly by the appellate court, is routinely lost on, or overlooked by, the bench and bar. All relevant evidence is presumed admissible, and all admissible evidence (even other-crimes evidence) should be presented by prosecutors to advance the state’s position at …

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