Hennepin County, Minnesota prosecutors will soon be required to consider a defendant’s race when negotiating plea deals, raising serious constitutional questions and igniting fierce debate about equal protection under the law.
Quick Takes
- Hennepin County DA Mary Moriarty’s new policy requires prosecutors to consider race and age in plea negotiations, effective April 28
- Legal experts warn the policy likely violates the Equal Protection Clause of the Constitution
- The County Attorney’s Office claims the policy addresses “unconscious biases” causing racial disparities
- Critics connect this policy to Moriarty’s history of controversial lenient plea deals, including for violent offenders
- The initiative has sparked debate about balancing fairness with public safety and victim advocacy
Race-Based Plea Negotiations Coming to Minnesota
Hennepin County Attorney Mary Moriarty has introduced a controversial new policy titled “Negotiations Policy for Cases Involving Adult Defendants” that will require prosecutors to factor in a defendant’s race and age when negotiating plea deals. The directive took effect on April 28 and is being implemented with the stated goal of addressing racial disparities in the criminal justice system. According to documents obtained by Fox News, the policy instructs prosecutors to actively consider demographic factors that have historically been viewed as improper for determining legal outcomes.
The policy has drawn immediate scrutiny from legal experts who question its constitutionality. Critics argue that explicitly considering race in criminal proceedings appears to directly contradict the Equal Protection Clause of the 14th Amendment, which guarantees equal protection under the law regardless of race. Constitutional scholars suggest the policy could be vulnerable to legal challenges and may ultimately be struck down if challenged in court.
Hennepin County Attorney Mary Moriarty implements new policy to offer plea deals based on race 🙄
"Racial disparities harm our community… Prosecutors should be identifying and addressing racial disparities at decision points…"https://t.co/QLnmUMRe80
— CrimeWatchMpls (@CrimeWatchMpls) April 29, 2025
Constitutional Questions and Office Defense
The Hennepin County Attorney’s Office has defended the policy, asserting that race is a relevant factor because “unconscious biases” have created persistent racial disparities in the criminal justice system. A representative from Moriarty’s office stated that the initiative aims to achieve “safe, equitable, and just outcomes” while focusing on victim healing and maintaining public safety. However, this rationale has failed to quell concerns about whether explicitly race-conscious prosecutorial decisions can withstand constitutional scrutiny.
This policy emerges amid growing national debate about prosecutorial discretion and criminal justice reform. Critics have pointed out that while addressing systemic biases is important, implementing policies that explicitly consider immutable characteristics like race in legal proceedings may create new forms of inequality. Legal experts warn that such an approach could lead to inconsistent application of justice and potentially diminish public confidence in the judicial system’s impartiality.
Pattern of Controversial Decisions
The race-conscious plea policy follows a series of controversial decisions from Moriarty’s office that have drawn criticism for perceived leniency. Moriarty, who received backing from groups connected to George Soros during her campaign, has faced public backlash for several high-profile cases. In one instance, her office opted for “diversion” rather than criminal charges for a state employee accused of vandalizing Tesla vehicles. Critics have connected these decisions to broader concerns about public safety and victim advocacy.
Perhaps most controversial have been plea arrangements in violent crime cases. According to reports, Moriarty’s office has offered deals to murder defendants that spared them from prison time, drawing sharp criticism from victims’ families and law enforcement. These decisions have contributed to growing tensions between the prosecutor’s agenda and community safety concerns. As the race-conscious plea policy takes effect, observers will be watching closely to see how it affects case outcomes and whether it withstands potential legal challenges.
