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- Minneapolis prosecutors’ policy on plea deals now looks at racial identity and age to fix unfairness in the system.
- Black men who break the law get sentences almost 20% longer than white men for the same crimes.
- Law experts say Hennepin County’s new policy might go against state and federal rules.
- The change could lead to big lawsuits questioning if prosecutors can legally consider race.
- Some prosecutors think thinking about race helps create fairer outcomes and builds trust with the community.
Minneapolis prosecutors have a new plea deal policy. It has caused a big national talk about race, justice, and the law. Hennepin County Attorney Mary Moriarty is in charge. Her policy tells prosecutors to think about a defendant’s race and age when they discuss plea deals. 
Local officials say the policy aims to fix long-standing unfairness in the legal system related to race. Some activists and people who want legal changes like the plan. But critics, from law professors to victims’ families, warn it might go too far legally and ethically. They say it could go against the idea that everyone should be treated the same under the law.
What’s in the Policy?
Hennepin County Attorney Mary Moriarty put out a rule for her staff in February 2024. It is called the “Negotiations Policy for Cases Involving Adult Defendants.” This rule does not say race or age must be used to decide plea deals. But it does say prosecutors should think about these things if it makes sense. KARE 11 reported on this. The rule asks prosecutors to look at the “whole person.” This means thinking about their life experiences, conditions in their community, and unfair system issues that might have affected what the defendant did.
The policy does not give a points system or a clear math formula for how much race or age should matter. But it does state a bigger goal: to make the legal system fairer. This means a system that understands the complicated real-life situations many defendants live through.
By suggesting prosecutors think about things like a person’s race and their social background, Hennepin County is questioning the old idea that the justice system should not see race and should be totally fair. The county wants a system that is more aware of wrongs that have happened in the past and happen now.
Why Now?
The policy came out as people across the country are talking more about race, what power prosecutors have, and unfairness in systems. George Floyd was killed in 2020 very close to the Hennepin County Government Center. His death made the issue of fair treatment for all races even more serious in Minneapolis and other places. Hennepin County, which includes Minneapolis, became a central place for talks about changing the system.
Moriarty’s office spoke to KARE 11 about this history. They said, “We know biases we don’t see lead to unfairness related to race.” They say this policy is meant to fix things. It is a way to stop actions that have historically hurt people from groups who have been treated unfairly.
Also, groups that push for change and studies on the law have shown that what prosecutors decide, like what charges to bring or what plea deals to offer, often shows hidden biases about race. The new plea deal policy puts fairness ideas into how cases are judged. It tries to move from just talking about fairness to making real change.
A Long History of Unfair Sentences Based on Race
The need for prosecutors to change how they work is not just an idea. Data from many years proves there is unfairness based on race in the justice process:
- A big study by the U.S. Sentencing Commission in 2017 found that Black men who broke the law got sentences that were, on average, 19.1% longer than white men in similar situations. This was true even when their past criminal actions and the types of crimes were alike.
- Studies from the Vera Institute of Justice show that Black and Latino defendants are less likely to get good plea deals. They are also more likely to be sent to jail or prison. And they are less likely to get other options like probation or community service.
- A 2022 study from the University of Michigan also showed that prosecutors were less likely to drop charges against Black defendants than white defendants accused of similar crimes.
These numbers are very important in cities like Minneapolis. This is especially true because of the well-known history of police violence and community protests there. People who want change say thoughtful policies that think about race are a needed step to make the system more just.
Looking at this, the Hennepin County plea policy is more than just something happening in one place. It can be seen as an example of using official power to fight against long-standing inequality.
What the Constitution Says
When the policy talks about race, it immediately worries people who stick strictly to the Constitution. The Fourteenth Amendment says the law must treat everyone equally. This means no matter their race, ethnic background, or other social group. Many law professors, like Jill Hasday from the University of Minnesota, say including race in sentence or plea deal decisions is on shaky legal ground.
“Once you take race into account, it doesn’t really matter what else you say,” Hasday told KARE 11. “The policy is going to be struck down.”
Hasday thinks that using race in prosecutor decisions, even to fix a system problem, might break the rule that justice should not see race. This rule is a key part of the Constitution.
Critics say the real problem is not what the policy wants to do, but what the law says has to be done. For example, Supreme Court decisions like one in 1978 and a more recent one in 2023 have put limits on when and how race can be used in official choices. This is true even if the goal is fairness. These decisions make the legal thinking behind Hennepin’s new policy harder.
Other Views from Law Experts
Even with these worries, not all law experts think the policy is against the law or a bad idea. Rachel Moran, a professor at the University of St. Thomas School of Law, gives a different view. She says that while the policy considers race, its goal is to fix things, not to show favor to one group.
Moran says the policy specifically talks about needing to avoid continuing unfairness based on race. It asks prosecutors to see how system problems might affect a person’s life. “That’s specifically because the policy tells prosecutors to avoid racial disparities. Not to create them,” she told KARE 11.
In this view, thinking about race is a way to understand the full picture. It helps fit justice to the real-world unfairness people face, instead of hurting fairness. People who support this idea compare it to judges thinking about things like mental harm, money troubles, or education when they decide a sentence.
Goes Against Sentencing Rules
Another point of disagreement is how the policy works with the Minnesota Sentencing Guidelines. These rules were created to make sure sentences are the same and fair across the state’s court system. The guidelines clearly say race, gender, and other personal details should not be used to decide sentences.
Imran Ali used to be a prosecutor in Washington County. He says the Hennepin policy “seems to contradict our sentencing guidelines,” according to KARE 11.
This difference could cause problems between different levels of government and lead to legal fights. This is especially likely if plea deals are questioned in court or if other counties do not use this practice. Critics say prosecutors must follow state law unless the law is changed by lawmakers.
What Really Changes?
The Hennepin rule uses strong words, but it mostly acts as a suggestion, not a must-do. Prosecutors are asked, but not told, to use race and age along with many other things. These include community safety, past criminal actions, and a person’s specific situation.
This difference can matter a lot in possible legal fights. A rule that allows choices provides flexibility. It also gives some protection against claims of unfairness against white people. This is different from a fixed system or set number, which would almost surely be ruled illegal by judges.
But, people still worry that the rule will be used differently from case to case. They also worry it might be used in the wrong way. There are no clear rules, so things might not be easy to predict. This could also cause courts and the public to look very closely at the policy.
Is This Fixing Society or Going Too Far Legally?
In cities across the country, district attorneys who support change have started policies focused on social justice. Some want to put fewer people in prison. Others focus on programs to help offenders instead of punishing them as much. Or they change how bail works.
But Hennepin County is one of the first to openly say race is something prosecutors should think about every day when making decisions. This is a big step. It moves from changing the criminal system in a general way to trying to fix past wrongs in a more specific way.
People who support the policy praise the courage to face bias directly. Critics call it an untested idea that might cause new unfairness or even give new reasons for claims of unfair treatment.
What Victims Say and Public Trust
When we talk about justice, we must include victims. In Minneapolis, families of people hurt by crime have said they are frustrated with recent plea deals. They think the deals are too easy on offenders.
One clear example was a state worker accused of damaging several Tesla cars. Prosecutors chose not to bring official charges. Instead, they sent the person to a program to help them. Critics said this was being easy on the person for political reasons. Fox News called it a sign of policies that are “soft on crime.”
These cases show a conflict between ways of dealing with crime that focus on making things right and the community’s wish for offenders to be held responsible. When policies start to go against what the public thinks is just, trust breaks down. And when trust breaks down, people think the system is not fair.
Fixing People: A New Way?
Moriarty’s office says its choices are about helping people get better. A statement given to KARE 11 said that programs that help offenders instead of punishing them can stop them from breaking the law again. They can also help people keep jobs and lead to more money being paid back to victims. This is especially true for people who break the law for the first time or who commit less serious crimes.
This idea is based on the belief that holding people accountable does not always mean putting them in jail or prison. Instead, understanding a person’s life story, including problems related to race or community hardship, might help decide what actions are best to take.
Is Politics Involved?
Mary Moriarty won her election with help from groups that support change. Some of these groups have links to a big donor, George Soros. He has also supported other DAs who want to change the system. Because of this link, some conservative experts say Hennepin County is making rules based on political ideas.
These arguments suggest the plea deal policy is not just about how the law should work. They say it is about politics. They think public safety is being put second to trying out new ideas about society.
What Legal Fights Could Happen?
It seems likely there will be lawsuits. If someone found guilty under the new system thinks they were treated unfairly, or if a victim’s family sues because a sentence was too easy, the courts might have to decide if prosecutors can legally think about a person’s race.
Possible results include lower courts ordering the policy stopped. Or higher courts reviewing the policy. In the end, the U.S. Supreme Court might have to make a ruling to settle this new legal issue.
Is Justice Blind—Or Should It See Color?
The main question in this talk is a big one about beliefs: Should justice truly not see color, or should it understand the real lives of everyone who comes before it?
Ways of thinking that focus on fairness say treating everyone exactly the same might make unfairness worse. This is because it ignores problems from history and the system that hurt certain groups. Other people believe not seeing race is the safest way to be fair and steady.
This Matters Everywhere
The Minneapolis plea deal policy is only in one place, but its effects are national. It could become a key point in bigger arguments about race, changing policies, and the power of prosecutors. We don’t know yet if the new plea deal approach will be seen as a success for progress or an example of making rules that go too far.
What is clear is that finding the right balance between following the Constitution and being fair is more delicate—and more urgent—than ever before.
How would you feel if plea deals looked at race? Join the discussion and share your thoughts on what justice should look like in America.
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