Prosecution policy allowing consideration of race in plea deals leads to DOJ probe
Harmeet K. Dhillon, nominee to be an assistant attorney general in the Department of Justice, speaks at a hearing of the Senate Judiciary Committee at the U.S. Capitol in Washington, D.C. (Photo by Michael Brochstein/Sipa USA/Sipa via AP Images)
A new policy in Hennepin County, Minnesota, that allows prosecutors to consider racial identity in plea deals has led to a probe by the U.S. Department of Justice.
The DOJ is investigating whether the office of Hennepin County Attorney Mary F. Moriarty is engaging in illegal consideration of race in decision-making, according to a letter posted on X, formerly known as Twitter, by Harmeet K. Dhillon, the assistant attorney general of the Civil Rights Division.
KSTP and the Minnesota Star Tribune are among the publications with coverage.
The policy, which took effect on April 28, provides that: “While racial identity and age are not appropriate grounds for departures [from the Minnesota Sentencing Guidelines], proposed resolutions should consider the person charged as a whole person, including their racial identity and age. While these factors should not be controlling, they should be part of the overall analysis. Racial disparities harm our community, lead to distrust and have a negative impact on community safety. Prosecutors should be identifying and addressing racial disparities at decision points, as appropriate. Similarly, brain development science confirms that human brains are generally not fully formed until the mid-20s.”
Moriarty previously told KSTP that she campaigned on addressing racial disparities in the justice system.
“This is part of that attempt to have our prosecutors take a look at their potential unconscious bias,” she said.
The letter posted by Dhillon said the DOJ investigation will consider whether the county attorney’s office “is engaged in a pattern or practice of depriving persons of rights, privileges or immunities secured or protected by the Constitution or laws of the United States.”
A spokesperson for the county attorney’s office said the office will cooperate in the investigation, “and we’re fully confident our policy complies with the law,” according to the Minnesota Star Tribune.
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