Propensities, for Evidence and Violence

Even when reports are made and charges are filed, cases involving domestic violence are notoriously difficult to prosecute, states Charles Golaszewski in his May Illinois Bar Journal Article, “Propensities, for Evidence and Violence.” Given that domestic violence occurs between family and household members, most of the abuse takes place in the home, meaning that eyewitnesses to specific incidents are rare. Since most victims do not seek medical treatment following incidents of abuse, prosecutors commonly lack documentation of physical injuries to corroborate a victim’s allegations. In domestic violence prosecutions, corroboration in any form is hard to come by, which, in turn, makes it difficult for a fact finder to find a defendant guilty beyond a reasonable doubt. 

Addressing the inherent challenges in prosecuting these cases, the General Assembly adopted 725 ILCS 5/115-7.4, which created an exception to the general prohibition against propensity evidence. Golaszewski notes that under common law, evidence of a defendant’s prior acts is generally admissible to show a defendant’s intent, motive, lack of mistake, or for any other relevant purpose other than to show a defendant’s propensity to commit a crime. In contrast, he says, 725 ILCS 5/115-7.4 permits the admissibility of evidence of a defendant’s prior acts of domestic violence to establish that the defendant has a propensity to commit such offenses.

Read the full article, "Propensities, for Evidence and Violence," in the May 2022 Illinois Bar Journal.