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

People facing drug crime charges who were victims of unlawful search or seizure may wonder, “What role does search and seizure law play in drug cases?” Under the Fourth Amendment, search and seizure law protects you from unreasonable searches and seizures by law enforcement officers. The Minnesota constitution provides similar protections.
One question that may linger on your mind upon discovering you are under drug crime investigation is: “What should I do if I’m arrested on drug charges?” The first thing you should do if you’re arrested on drug charges in Minneapolis is stay calm and cooperative. Then, document the arrest while the event is still fresh in your mind. Next, hire a lawyer who has built a successful practice around helping criminal defendants facing drug related charges.
If you are facing a sex crime charge or suspect the police are investigating you, you might wonder: “Can I be charged with a sex crime if the other party consents?” While you might have consensual sex with someone, sex crime charges can still be filed against you in Minnesota. Legal concerns, such as the complainant’s age, mental capacity, and legal authority, are usually considered during court proceedings for sex crime cases. All those issues can impact your case.