The tests are used to identify sociopathic and psychopathic (used synonymously) traits in individuals. However, there is debate as to whether children should be tested. First, like other personality disorders, correctly diagnosing psychopathy in children or teenagers can be difficult. In addition, two of the symptoms that are studied -- impulsiveness and selfishness -- are common in children, so it's difficult to determine what is normal.
Finally, other researchers believe that even if the test is correct, that it should be avoided. There is currently no cure for sociopathy, so some argue that the social cost of labeling children is too high.
]]> But not all researchers agree. A difference in the brains of children with sociopathic tendencies can be detected. In most people, cortisol and the amygdale become active when there are aversive social situations. However, in children who exhibit psychopathic tendencies, there are low levels of cortisol and below-normal function in the amygdale, which is the portion of the brain that controls negative emotions.Typically, when children are scolded, their amygdale triggers a negative reaction. Because children dislike the negative reaction, they learn to avoid situations in which it will be invoked, such as when they are scolded. However, with children who have sociopathic characteristics, there is no negative feeling, so they never learn to avoid the situation.
Regardless, some researchers still believe that there those individuals can be helped. One scientist said, "In my view, these kids need intensive intervention to get them back to normal -- to the place where other strategies can even have an effect...Physiology isn't destiny."
Source: The New York Times, "Can You Call a 9-Year-Old a Psychopath?" Jennifer Kahn, May 11, 2012
]]>Here's what you should know about that scenario. That type of testing does exist. However, there is no guarantee that the labeled individuals will commit sex crimes or other criminal offenses. The test merely shows that they have the right genetic and personality traits to make them more susceptible to criminal activities.
Psychiatrists and scientists created testing to identify sociopathic and psychopathic (used interchangeably) traits in children, but it's a terrifying debate. On one hand, there is an opportunity to identify and prevent people from committing crimes in the future. On the other hand, there is also the opportunity to wrongly label someone as a criminal and ruin their life.
]]> Some researchers object to testing because the brains of children and teenagers are still developing. Like most tests for personality disorders and mental illnesses, it can be difficult to give a proper diagnosis to children.In addition, a few of the main traits of sociopaths -- including impulsiveness and selfishness -- are normal traits in children. As a result, it can be difficult to determine whether a child's impulsiveness and selfishness is normal or indicative of psychopathy.
Other researchers object to the testing for another reason. They argue that even if tests could correctly identify sociopathic children, that the social cost of doing so is too high. Psychopathy is currently not a treatable condition, so labeling a child could be condemning him or her for life.
One leading researcher said, "This isn't like autism, where the child and parents will find support. Even if accurate, it's a ruinous diagnosis. No one is sympathetic to the mother of a psychopath."
Read more in our upcoming posts to learn more about this debate. What do you think -- should children who exhibit psychopathic signs be tested?
Source: The New York Times, "Can You Call a 9-Year-Old a Psychopath?" Jennifer Kahn, May 11, 2012
]]>Shawn settled down in England, where he got married and changed the spelling of his name to its original Gaelic spelling. He has spent recent months working with an attorney to fight extradition to Minnesota. Shawn was charged with raping a Bloomington girl and sexually molesting two Eagan girls.
Shawn's attorney is concerned about letting Shawn return to Minnesota. Like others who have viewed the statistics from Minnesota's sex offender rehabilitation program, he believes that the program is more focused on locking people up than providing the treatment they need.
]]> When Shawn moved overseas, he settled in Ireland and got married. A few years later, he was convicted of indecent assault, and he received a suspended prison sentence of five years. He got divorced and moved around a few more times before settling down in the UK.In June 2010, he was arrested again, and in November 2010, he got married again. He was released on bail a month later, though he was ordered to wear an electronic tag and observe a curfew.
Now, he is facing extradition. When Shawn's lawyer tried to understand the possible outcomes in Shawn's case, the legal counsel for the US government gave vague answers, though their answers seem to confirm the uncertainty about whether Shawn would be committed to Minnesota's sex offender rehabilitation. One member of the counsel said, "We cannot say what the situation will be after any prison sentence so we cannot give any assurances."
We will post more updates about this case as they are available.
Source: Star Tribune, "Bloomington sex suspect battles extradition from U.K.," Ian Evans, April 25, 2012
]]>Although Shawn spent 17 years building his life overseas, he has spent the past several months fighting extradition back to Minnesota. Thankfully, he is working with an experienced criminal defense attorney who is helping fight the sex crime charges.
One of his attorney's main concerns is the Minnesota Sex Offender Program. Although the program operates under the guise of holding and treating individuals after they have completed their prison sentences, many people consider the program to be a virtual life sentence for registered sex offenders.
]]> The program was created in 1994, and last month, a patient was discharged for the first time in more than a decade. One of the judges who is hearing Shawn's case in England questioned the purpose of Minnesota's sex offender program. He said, "It's horrific. Here we have on paper a system for people who need treatment but none of it ever works. It sounds more to me like people saying 'Let's not let them out.'"Shawn's criminal defense attorney argued that there is a chance that even if Shawn is acquitted of the charges that he could still be detained under Minnesota's sex offender program. If the courts in Minnesota decided Shawn is "sexually dangerous" he could still be subjected to the sex offender program.
However, if the attorney's statements about the program are true, how could he receive the treatment he needs? A program that is focused more on "locking people up" than on offering them treatment is certainly not the way to develop healthy people.
Source: Star Tribune, "Bloomington sex suspect battles extradition from U.K.," Ian Evans, April 25, 2012
]]>Although there are typically at least three individuals involved in any sex transaction -- the prostitute, the pimp and the client -- it is uncommon to hear about a pimp or client being arrested. It's not unheard of, but it's uncommon. Until now.
Now, when law enforcement officers uncover a prostitution case, the client and pimp will likely be the ones facing criminal charges, while the prostitute will typically be treated as the pimp's victim and offered services to help rebuild her life.
]]> Although not all states have changed their laws, changes on the East coast have been favorably accepted. Under the old law in New York, for example, a pimp could face up to 15 years in prison. Now, that same individual would likely face sex trafficking charges, which carries a maximum sentence of 25 years. Under the old law, a client could spend up to 90 days in jail. Now, people who pay for prostitutes can spend up to a year behind bars.In a recent arrest, 14 men were charged in prostitution case. The group included a physician, the owner of an online ticket sales company and a concierge for a film-production company. Most of the group were offered the chance to plead guilty to disorderly conduct, a violation. Although pleading guilty rarely seems like a favorable move, that may be the most effective way for these men to keep their criminal records as clean as possible and to avoid time in jail.
Source: The New York Times, "Prosecutors Focus on Pimps and Clients, Instead of Prostitutes," Russ Buettner, May 2, 2012
]]>Unfortunately, few people in the Twin Cities question the validity of those DNA samples, and the Justice Department knows that the sloppy samples have sent innocent people to prison. In one case, a man was wrongly convicted of sexual assault in 1981. Inaccurate DNA evidence was a key part of his conviction.
]]> He served his full prison sentence and was released. However, when the DNA evidence was retested, the Justice Department realized that a drastic mistake had been made. The DNA proved there was no possible way the man could have committed the sexual assault.In another case, a man was convicted of raping and murdering a college student. The man served 28 years in prison. During his case, a key piece of evidence was hair found on the victim. At the time of the case, an expert testified that the hair matched the suspect's hair. However, when the DNA sample was retested in the Justice Department's investigation, they realized that an error had been made.
Because the results from the investigation were not made public, the man was not informed that there was an error with the key piece of evidence used in his case. After the Justice Department discovered the error, they said nothing to the man. He was eventually exonerated after DNA testing proved he was innocent. However, he sat in prison for 12 years while the Justice Department knew he was innocent.
What will it take to ensure that the Justice Department does not knowingly allow innocent people to sit in prison?
Source: The Washington Post, "Convicted defendants left uninformed of forensic flaws found by Justice Dept.," Spencer S. Hsu, April 16, 2012
]]>But how often do officials in the Twin Cities verify that the reports about DNA are correct? Almost never. After all, if an expert gave a sworn testimony that the DNA matched, he or she must be correct, right? Wrong.
The FBI officials who conduct the DNA samples are human, which means they are prone to making human errors. Unfortunately, even though the Justice Department has known for years that faulty forensic work may have led to wrongful sex crime convictions, it seems as though there has been little effort to protect the individuals who have been wrongfully convicted.
]]> In the 1990s, officials at the Justice Department started an investigation after reports that sloppy DNA tests from the FBI labs may be producing unreliable and inconsistent evidence in court trials. The investigation confirmed their suspicions.However, instead of releasing the findings, the Justice Department only shared the results with the prosecutors in the affected cases. Moreover, despite suggestions that the problem was widespread, the Justice Department only reviewed a limited number of cases and focused on the work of one scientist.
Despite the narrow scope of the study, the researchers learned that "hundreds of defendants nationwide remain in prison or on parole for crimes that might merit exoneration, a retrial or a retesting of evidence using DNA because FBI hair and fiber experts may have misidentified them as suspects."
But that hasn't happened. Innocent individuals are sitting in prison, and there has been no effort to inform them of what they likely already know -- they were put in prison because of someone else's mistake.
Read more in our next posts to learn the stories of individuals who were wrongly convicted of sex crimes.
Source: The Washington Post, "Convicted defendants left uninformed of forensic flaws found by Justice Dept.," Spencer S. Hsu, April 16, 2012
]]>This is certainly not an inexpensive task. The university is spending $208,000 a month to help rebuild its brand name after the Jerry Sandusky sex abuse scandal.
Every person who is charged with a sex crime knows how quickly a reputation can fall after news gets out about the allegations. Even if the charges are eventually dropped, people's reputations can be damaged forever.
]]> This is why Penn State's move is so interesting. Can the school recover from a devastating public scandal by spending top dollar?The globally known public-relations firm Edelman has been charged with the challenging task of restoring the university's good name. The company boasts more than 4,200 employees and will lead communications on all legal matters. A smaller local public-relations firm will work under Edelman to improve communications with state and local media.
The news story quotes several public-relations industry professionals who applauded Penn State's decision to seek outside help to repair its reputation. But even with the most skilled PR professionals working on the case, rebuilding the school's reputation after such a serious sex scandal will take a significant time and financial investments.
Source: Pittsburgh Post-Gazette, "Penn State hires PR firms to address scandal," Taryn Luna, April 26, 2012
]]>If the allegations are true, it would reflect a serious lapse in judgment, but everyone makes mistakes. For people accused of soliciting a prostitute, there are legal defenses and options. However, although an experienced attorney can help reduce the charges the individual is facing, an attorney can promise to restore an individual's career or reputation.
]]> In the Secret Service scandal, three people from that agency have already been dismissed. One resigned, one was fired for cause, and one individual was allowed to retire. It appears there will be more people leaving the Secret Service over the coming days -- either voluntarily or involuntarily - as the investigation continues. Many politicians are angrily addressing what the Secret Service members did, and passing judgment on their choices.When people make mistakes of this magnitude, passing judgment is not helpful. The investigation into who was at fault and for what, will provide the information that could determine who will leave the Secret Service and who will be allowed to remain in their current positions.
Source: Associated Press, "Lawmaker: More firings likely at US Secret Service," Alicia A. Caldwell, April 19, 2012
]]>As the story of the alleged sex abuse captured the attention of readers in Minnesota and throughout the country, two reporters decided to write a book about. Before the trial was finished and before a conviction had been handed down, the two reporters finished a book about Joe Paterno, Jerry Sandusky and the other major players in the college scandal.
Taking an idea from rough draft to published in a matter of months is an impressive feat. It takes most authors years to get through the process, and these two authors did it in 10 weeks. So are Bob Dvorchak and Bill Moushey more talented than other writers, or did they make sacrifices to get their book to the public so quickly?
]]> According to the Paterno family and their lawyer, the two authors made huge compromises, and they favored speed over accuracy at every step of the process. Their book, "Game Over: Jerry Sandusky, Penn State and the Culture of Silence," has been called unprofessional and irresponsible, and the Paterno family is furious about what the book contains.The Paterno family's lawyer issued a statement saying the book contradicts Paterno's sworn testimony as well as "indisputable evidence" showing that Paterno was not informed about the allegations against Jerry Sandusky in 1998. The family's attorney went on to say, "The price of their obsession with speed over accuracy is a book that distorts the truth and offers conclusions and theories for which the authors have no evidence."
Source: Pittsburgh Post-Gazette, "Paterno family upset over book on Sandusky," Taryn Luna, April 18, 2012
]]>If such practices are adopted nationally, it could affect hundreds of registered sex offenders in Minnesota, regardless of whether they have used online interactions to engage in sex crime activity.
]]> Many online video games feature audio or text communication between players, allowing participants of all ages to interact with one another and build relationships. Supporters of the movement argue that such interaction could be used by sexual predators to develop contacts and relationships with children that would be impossible in physical settings.Major gaming companies -- including Microsoft and Sony, who operate the gaming systems for Xbox and PlayStation machines -- agreed to close the accounts of sex offenders.
Law enforcement authorities are increasingly cracking down on how sex offenders can interact with others online. Efforts to restrict chat room and social media access have already been employed.
Supporters of the legislation cited two recent cases in which sexual predators had targeted children through online gaming. In one, a 19-year-old man allegedly met a 12-year-old boy through online gaming and sexually abused him.
Authorities said they want to prevent online video games from becoming digital playgrounds for children. But it remains to be seen whether this action is too extreme for its stated goals, and whether it is needlessly restrictive to individuals whose involvement with the online gaming systems is not prohibited by sex offender laws.
Source: The New York Times, "Video-Game Companies Agree to Close Sex Offenders' Online Accounts," Joseph Goldstein, April 5, 2012
]]>Now a similar situation is playing out again. The judge who is overseeing Jerry Sandusky's sex abuse trial has forbidden Sandusky, his lawyers and their representative from talking about the case. More specifically, they are forbidden from making any statements about evidence, witnesses, and Sandusky's guilt or innocence.
]]> The judge said his order "is narrowly tailored to achieve its purposes in light of the unprecedented publicity generated by the case" and should help ensure "a fair, impartial and orderly trial."But is that really the impact the judge's gag order will have? The judge didn't forbid the media from reporting on Sandusky's case, so news outlets can (within reason) print what they want about evidence, witnesses, and Sandusky's guilt or innocence.
The judge did not prohibit conversation about the Sandusky case. Instead, his ruling may help ensure the public only hears one side of the story. Given how much negative media attention Sandusky has already received, it seems unlikely that the media would report any information that is in Sandusky's favor.
Is it fair for the judge to prohibit Sandusky from talking about the case, or is he further damaging Sandusky's reputation by prohibiting him from defending himself against the allegations that are made?
Source: Chicago Tribune, "Judge in Penn State abuse case issues 'gag' order," Paul Thomasch, April 9, 2012
]]>The vast disparities would suggest that the sentencing of many cases matters greatly on what judge hears the case. The results of the analysis concerns judges in federal courts and could be relevant to Minnesota judges who see a range of cases, from sex crime cases to simple white-collar allegations.
]]> The results of the analysis are sure to spark controversy and debate over the degree of power judges enjoy, and to what degree some members of the judiciary are abusing their power by levying sentences that may be out of line with what the law calls for.The analysis was performed by the Transactional Records Access Clearinghouse, which gathers data regarding the federal government. The data had previously been difficult to gather because public records searches do not allow for searches of cases according to judges.
TRAC used the Freedom of Information Act to obtain the data.
In total, information from more than 370,000 defendants whose sentencing was delivered by one of 885 judges was used in the analysis. The evaluation did not include the sentences levied by judges who had sentenced less than 50 defendants.
The report did specify that some results could be slightly skewed because plea agreements in exchange for reduced sentences were not counted any differently than other sentences. Even if they were counted differently, a wide range of disparity would still remain.
Source: The New York Times, "Wide Sentencing Disparity Found Among U.S. Judges," Mosi Secret, March 5, 2012
]]>The encounter allegedly came after the female student asked the professor to work with her in an independent clinic. The woman reported the encounter to college administrators the day after the alleged incident occurred.
]]> Following the incident, the professor allegedly sent the female student a text message admitting that his actions were wrong and asking her not to report the incident to the administration. He said that his career, reputation, marriage and his daughters would suffer, and he asked the woman to refrain from reporting the incident.Two days later, the female called the professor at the behest of police investigators, who recorded the eight-minute conversation. In that conversation, the man again expressed his disappointment and regret, saying that he suffered from a momentary lapse in judgment.
Because of that minor lapse in judgment, the man now faces a misdemeanor charge of indecent exposure, although the effects of his alleged actions are much more severe. He has already resigned his position at the law school and faces a court date this summer.
Source: Star Tribune, "Mpls. attorney Clark Griffith charged with indecent exposure," Anthony Lonetree, March 22, 2012
]]>The trial is estimated to last about two months. The gang members are accused of forcing teenage girls into prostitution in five large cities throughout the country, including in St. Paul and Minneapolis.
]]> According to the indictment, most of the defendants are members of Somali immigrant communities and were also involved with one of three Somali gangs. The charges are all related to four unidentified female victims.The females were allegedly prostituted for drugs and money between 2000 and 2010. At least some of the females are expected to testify against the defendants at some point during the trial. In total, as many as 200 witnesses may be called upon to testify in the trial.
All 15 of the defendants currently facing trial are represented by different attorneys. Because of the large number of Muslims involved in the case, the judge presiding over the trial is allowing the defendants to take scheduled Muslim prayer breaks through the trial each day.
Because of sensitive nature of the allegations and the heavy news coverage of the trial, some attorneys are concerned that it will be difficult to seat a jury that can view the case objectively. In cases like this that garner national attention, it will be critical for the criminal defense attorneys to present strong evidence and make compelling cases on behalf of their clients. Without such representation, the accused individuals would stand little chance of receiving a fair trial.
Source: Jackson Sun, "Somalis face sex trafficking trial in Nashville," Kristin M. Hall, Associated Press, March 20, 2012
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