Are future changes coming to Minnesota’s criminal system?

In light of several high-profile cases regarding the way law enforcement deals with civilians, the national media has given substantial attention lately to the how the criminal justice system works. The coverage has not only caught the attention of any criminal defense attorney MN, but has sparked activists and legislators to start considering reforms across the board, including in Minnesota programs and at the federal level.

Restoring the vote

In 2009, Minnesota passed a Ban the Box law, which prevents public employers from asking applicants about their criminal history during the initial hiring phase. At the beginning of 2014, private employers were also prohibited from requesting such information at the start of the process.

Going a step further, advocates are pushing for people who are on parole or probation to regain the right to vote. Under current Minnesota statute, a person with a felony criminal conviction is not eligible to vote. Groups such as Restore the Vote Minnesota state that the existing law creates a misrepresentation of the population, as there is a disproportion between the number of Caucasians and minorities who are convicted of felonies. According to a report from Minnesota Daily, last year more than 25 percent of felony offenders in the state were black and unable to vote due to their criminal record.

Sex offender system

Another potential change coming to Minnesota involves the current corrections policy for habitual sex offenders. According to Minnesota Daily, a state representative is planning to propose a bill that would put in place a minimum 60-year prison sentence for people who have repeatedly been charged with a crime involving sex offenses.

As any criminal defense attorney in MN knows, the existing treatment program has often been called out for its shortcomings. Even a federal judge in 2014 stated that the Minnesota Sex Offender Program may violate the U.S. Constitution, according to a report from the Star Tribune.

The Star Tribune reports that the MSOP currently holds 700 offenders. Critics state that the program places the convicted people in prison-like treatment centers that often hold them longer than their prison sentences. The proposed legislation would instead place people in the care of the Minnesota Department of Corrections, taking into account the severity of the crime and the mental health status of the defendant.

A sociology professor at the University of Minnesota told the Minnesota Daily that people have recently been more open to criminal justice reform. Anyone with questions regarding these potential changes should consult with a criminal defense attorney in MN.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Can Past Allegations of Sex Crimes Be Used Against You in Minnesota?

One question people charged with a sex crime in Minneapolis, MN, ask is: Can past allegations of sex crimes be used against me? Under Minnesota Rules of Evidence, past sex crime allegations aren't admissible as evidence in court to prove a suspect's character and argue that it contributed to the commission of the current crime. However, there are circumstances in which the court may allow prior allegations or bad conduct as evidence. These circumstances include when the prosecution can demonstrate that prior allegations or acts are key to establishing intent, identity, or pattern of bad conduct related to the current crime.