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DOJ opens probe after DA requires prosecutors to consider race in plea deals

  • Hennepin County prosecutors began requiring consideration of race in plea deal negotiations starting Monday, as outlined in a memo from County Attorney Mary Moriarty's office.
  • The policy aims to address longstanding racial disparities in the justice system, though some experts raise constitutional concerns and highlight ambiguity in the directive.
  • The memo instructs prosecutors to see defendants as whole persons, factoring in racial identity and age, without offering better or worse deals solely based on race.
  • University of St. Thomas Professor Rachel Moran called the policy constitutionally sound, while others like Jill Hasday described it as unconstitutional and noted Supreme Court hostility to race-based government policies.
  • The policy has sparked debate and prompted scrutiny of Moriarty's ability to publicly justify the approach amid questions over fair and just outcomes in prosecutorial discretion.
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MinnPost broke the news in on Monday, April 28, 2025.
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