Minnesota Prosecutors Told to Weigh Race in Plea Negotiations, Stirring Legal Debate

Prosecutors in Hennepin County, Minnesota, have received new marching orders: when negotiating plea deals, they need to consider a defendant’s racial identity and age, according to an internal policy just circulated in the county attorney’s office. The move, which kicks off on April 28, is already setting off a legal firestorm, with local attorneys and legal experts wrestling over its constitutionality.

The policy, titled "Negotiations Policy for Cases Involving Adult Defendants," instructs prosecutors that while race and age aren’t valid reasons for lighter sentences under Minnesota guidelines, they should still be factored in as part of a holistic view of each defendant. The stated aim? To spot and address racial disparities in the justice system and build community trust. Or, as the document bluntly puts it, "Racial disparities harm our community, lead to distrust, and have a negative impact on community safety."

But not everyone’s convinced this is the right fix. Some legal eagles say the policy walks a fine constitutional line. University of Minnesota law professor Jill Hasday points out that, once race is officially considered in plea deals, the policy could easily get struck down by the courts. On the flip side, University of St. Thomas law professor Rachel Moran argues the policy’s intent is to eliminate, not create, racial disparities, so it shouldn’t run afoul of equal protection laws. The back-and-forth basically boils down to whether good intentions can survive a constitutional litmus test.

Hennepin County, home to Minneapolis and Minnesota's largest population, is no stranger to controversy. The current county attorney, Mary Moriarty, has already made national headlines for her office’s decision not to charge a state employee accused of vandalizing six Teslas. Instead, the suspect got a chance at “diversion”—think of it as restorative justice with a side of job security, since the office says this helps the defendant pay restitution. It’s not the only time Moriarty’s office has faced backlash: last fall, a string of lenient plea deals for murder defendants left victims' families and some legal experts fuming.

The county attorney’s office stands by the new plea deal policy. They say it’s about recognizing that each defendant is unique, and that unaddressed biases can fuel unacceptable racial gaps in outcomes. Their goal, they say, is to make plea deals fairer, safer, and more healing for everyone involved.

Mary Moriarty herself is a familiar face in progressive legal circles, with support from groups linked to liberal donor George Soros. She took office in 2022, after a long stint as a public defender.

With so much heat around the policy’s legality and fairness, one thing’s clear: The debate over justice, equity, and the right way to handle plea deals in Minnesota is just getting started. Let’s hope the scales of justice don’t start needing their own diversity training.