Sentencing for sex crimes could turn on biased evaluations

The role of a Minneapolis criminal defense lawyer is not always to clear someone’s name; sometimes the evidence of guilt is overwhelming and there is little a criminal defense lawyer can do to free his or her client. That does not mean, however, that a lawyer is useless, but rather the lawyer’s job is to ensure the trial is fair, and the punishment is appropriate.

For many criminal offenses, including sex crimes, a sentence may depend heavily on the evaluation of a mental health professional. In these cases, part of the lawyer’s job is to make sure that the evaluation is unbiased, because if it is not, the defendant could find him- or herself facing a long sentence in prison.

A disheartening study out of the journal Psychological Science, however, has found that forensic psychologists and psychiatrists are not always as unbiased as they should be. Four psychologists tested their counterparts by convincing them that they had been hired by either the prosecution or the defense to review a case of violent sexual assault and give their opinion on the defendant. Unfortunately, the results found psychologists assigned to the prosecution were all fairly consistent and those assigned to the defendant had much greater variation, indicating bias.

No offender in Minnesota should be subjected to an unjust prison sentence, no matter what the crime. Everyone should be fairly evaluated, and a judge should have accurate and complete information about a case before issuing a sentence, which means that criminal defense lawyers’ jobs go beyond proving innocence and into protecting against bias.

Source: Popsci.com, “Researchers Expose Troubling Bias In Forensic Psychology,” Francie Diep, August 28, 2013

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

How a DWI Affects CDL Holders in Minnesota

Commercial motor vehicle drivers arrested or charged with driving while impaired (DWI) may need to know how a DWI affects CDL holders in Minnesota. You will lose your Commercial Driver’s License (CDL) for at least a year if you are convicted of DWI for the first time, and forever after a second conviction. The consequences go beyond the immediate legal implications of a DWI conviction. A CDL suspension or revocation will lead to job loss, difficulty finding employment, and serious financial challenges.

How a DWI Affects Rideshare Drivers in Minnesota

Knowing how a DWI affects rideshare drivers in Minnesota allows you to take the right steps to protect your license and livelihood. A DWI conviction will lead to suspension or cancellation of your driver’s license. Once you lose your license, you will be ineligible for a work permit required to work for rideshare companies as a driver. You may also face jail time, fines, or ignition interlock device (IID) installation, depending on the seriousness and number of related offenses on your record.

Can Police Search Your Phone Without a Warrant in Minnesota?

People under criminal investigation or whose phones have been seized by law enforcement officers may ask, “Can police search your phone without a warrant in Minnesota?” It’s illegal for police to search your phone without a warrant. However, there are exceptions to the warrant requirement. These exceptions include when you consent to the search, someone’s life is in danger, or there is an immediate risk of evidence destruction.