Hennepin County Attorney faces DOJ investigation over race policy

MINNEAPOLIS (FOX 9) - The Department of Justice says it is investigating a new policy by Hennepin County Attorney Mary Moriarty that tells prosecutors to take race into consideration when crafting plea deals.

DOJ announces investigation

What we know:

In a letter shared on the social media platform X on Saturday by Assistant Attorney General Harmeet Dhillion, the Department of Justice informs Hennepin County Attorney Mary Moriarty that it is looking into her new policy titled "Negotiations Policy for Cases Involving Adult Defendants." The letter says the policy directs prosecutors to consider racial identity when formulating plea offers.

The letter states the DOJ will include a "comprehensive review of all relevant HCAO policies and practices that may involve the illegal consideration of race in prosecutorial decision-making."

New Hennepin County Attorney plea policy

The backstory:

The policy tells prosecutors to consider a defendant's race and age when negotiating plea deals, while simultaneously noting racial identity and age aren't "grounds for departures" from sentencing guidelines.

In an interview with the Star Tribune last week, Moriarty said the policy doesn't intend to treat defendants differently because of race. Instead, it's telling prosecutors to be cognizant of racial disparities and unconscious biases when working on plea deals.

Moriarty also made it clear she feels the policy clearly abides by the constitution.

What they're saying:

Reacting to the investigation, a Hennepin County Attorney's Office spokesperson issued the following statement:

"We are aware of the letter from the Department of Justice posted to social media but have not received it.

"Our office will cooperate with any resulting investigation and we’re fully confident our policy complies with the law."

What's next:

The DOJ letter states that its Civil Rights Division's Special Litigation Section will oversee the investigation and will work to set up a meeting with Moriarty's office.

Disparities in sentencing

Dig deeper:

A 2023 report from the United States Sentencing Commission showed disparities in sentencing for Black and Latino defendants.

According to the report, between 2017 and 2021, Black males received sentences 13.4 percent longer than white males. For Latino men, it was 11.2 percent longer than white males.

Black men (-23.4 percent) and Latino men (-26.6 percent) were also less likely to receive probation than white men.

Hispanic women also saw 27.8 percent longer sentences than white women.