Rachel Moran, professor at the University of St. Thomas School of Law, recently talked to KARE 11 and WCCO-TV about a new plea offer policy being implemented in the Hennepin County Attorney’s Office.
From the KARE 11 story:
Starting April 28, prosecutors in Hennepin County will be required to consider race when offering plea deals, according to a new policy from County Attorney Mary Moriarty. ...
The document titled “Negotiations Policy for Cases Involving Adult Defendants” lays out several considerations for prosecutors to take as they negotiate and offer resolutions to criminal defendants in the form of plea deals, including the race and age of the defendant. ...
University of St. Thomas law professor Rachel Moran interprets the policy differently, believing it means prosecutors are being told to be wary of racial disparities.
“I definitely think that some people will get worked up about the issue, but I don’t see a constitutional problem, and that’s specifically because the policy tells prosecutors to avoid racial disparities. Not to create them,” Moran said.
From the WCCO-TV story:
“Personally, I think it’s an appropriate and constitutionally sound policy,” said Moran. “The prosecutor here is saying you should be attentive to racial disparities across your work, so they’re not saying give this person a better or worse offer because of their race, that would be problematic.”
