Posted on 04/26/2025 6:00:35 PM PDT by E. Pluribus Unum
At least one constitutional law professor believes the policy could be unconstitutional, even if it was written with deliberate ambiguity to avoid those issues.
MINNEAPOLIS — Starting Monday, prosecutors in Hennepin County will be required to consider race when offering plea deals, according to a new policy from County Attorney Mary Moriarty.
A constitutional law professor warns the policy could be deemed unconstitutional if challenged in court, even if Moriarty's office intentionally crafted the policy to avoid those legal issues.
KARE 11 News reporter Lou Raguse received a copy of the policy from sources inside Moriarty's office after it began being distributed this week. The document entitled "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.
"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," one section of the policy states.
Jill Hasday, a University of Minnesota professor specializing in constitutional law, said the policy appears deliberately written to be ambiguous to avoid well-known constitutional issues involving the Equal Protection Clause.
"It both says, 'Don't take race into account,' presumably because of the constitutional problems with taking race into account in addition to potentially political objections, but it simultaneously says this is something you should consider," Hasday said. "And the problem for the drafters..."
(Excerpt) Read more at kare11.com ...
Moriarty is that fag Henny Penny Coumty Attorney.
She’s setting herself up for a seat on the federal bench the next time the Democrats hold the White House and the Senate.
Rock them with personal civil fines, of say $25,000 per day, until they comply with federal civil rights laws.
And let the victims of their conduct sue for damages.
And look at their criminal conduct as well.
And Mr. Prosecutor, why did you offer such a sweetheart plea deal? Well, you see, he was a white boy. No other reason, but I can.
Very clear: Whites have the book thrown at them. Blacks walk.
(Deplorable Whites)
Moriarty should have her law license revoked for deliberately trying to get around the Constitution.
Sounds like a violation of the 14th Amendment’s equal protection clause.
Mary, may I ask your ethnicity? Sorry Moderator, kinda bold.
I read somewhere that it was not uncommon in the antebellum South to take race into account in charging crimes.
“… the policy appears deliberately written to be ambiguous to avoid well-known constitutional issues involving the Equal Protection Clause.”
Instead of just saying race of the criminal is not important to the crime committed, the guy got sloppy, and now it’s a problem.
The Civil Rights Division of the DOJ needs to be on them right away. This is clearly illegal.
Left-wing DA forcing prosecutors to consider ‘racial identity’ in plea deals
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