UNCONSTITUTIONAL: “Prosecutors to Consider Race in Pleas Deals under New Policy Written by Hennepin County Attorney Mary Moriarty.” The policy was deliberately written in an effort to disguise its unconstitutionality. It says both to consider the accused’s race and not to consider the accused’s race in offering plea deals. But, despite the efforts to conceal it, the unconstitutionality of such a policy should be throbbingly obvious.
When someone tries to tell you that a particular instance of considering race is a cool idea, the best thing to do is “flip it.” If prosecutors considered an accused’s whiteness in his or her favor as “part of the overall analysis,” but not necessarily as “controlling,” we would rightly be outraged. It should be no different here.
Can’t this Soros-backed prosecutor be recalled?