Hennepin County Attorney Mary Moriarty has mandated that prosecutors in Minnesota’s largest county consider a defendant’s racial identity when negotiating plea deals. The directive, issued in April 2025, instructs attorneys to include race and age as part of a “whole person” analysis, though not as controlling factors. Critics argue the policy introduces unconstitutional racial considerations into the justice system.
Moriarty’s office stated that the policy aims to address racial disparities and rebuild trust in the criminal justice system. A spokesperson for the Hennepin County attorney’s office emphasized that “a defendant’s race matters because we know unaddressed unconscious biases lead to racial disparities, which is an unacceptable outcome.” However, legal experts, including University of Minnesota constitutional law professor Jill Hasday, contend that the policy’s ambiguous language cannot shield it from constitutional scrutiny. Hasday noted that once race is considered, the policy is likely to be struck down by the Supreme Court.
Moriarty, who assumed office in January 2023 with support from a group linked to Democratic donor George Soros, has faced criticism for her prosecutorial decisions. Recently, she declined to charge a state employee caught on video vandalizing Tesla vehicles, causing over $20,000 in damages. Her office has also been scrutinized for refusing to prosecute certain serious offenses, including cases involving alleged rapists and killers.
The policy aligns with broader efforts by progressive prosecutors to implement race-conscious reforms in the criminal justice system. However, it stands in contrast to federal actions under President Donald Trump, who has signed executive orders banning diversity, equity, and inclusion (DEI) programs across the federal government and military. Trump has labeled such initiatives as “illegal and immoral discrimination programs” and has withheld federal funding from universities that fail to eliminate DEI programs.
