Racial Justice Act

The Marin County Public Defender’s Office is dedicated to challenging the many ways in which systemic bias and racial discrimination affects our criminal legal system. 

In 2021, the legislatures passed the California Racial Justice Act (Pen. Code, § 745) which prohibits the state from seeking or obtaining a criminal conviction or imposing a sentence on the basis of race, ethnicity, or national origin. 

The Marin County Public Defender’s Racial Justice Unit investigates, prepares, and litigates potential violations of the California Racial Justice Act (Pen. Code, § 745).

If persons convicted prior to 2021 experienced racial bias in their criminal court case, they may have a retroactive claim under the Racial Justice for All Act and can contact the Racial Justice Unit for further information.

Understanding the Racial Justice Act (RJA):

The RJA states that convictions or sentences should not be based on race, ethnicity, or national origin. Violations of the RJA include any of the following:

1. Bias: Any bias shown by any party (judges, attorneys, police, experts, witnesses, jurors) based on race, ethnicity, or national origin. 
2. Discriminatory Language: Any party used discriminatory language about your race, ethnicity, or national origin, whether purposeful or explicit.
3. Disproportionate Charges: If the prosecution sought more severe charges against you than against members of another race, ethnicity, or national origin. 
4. Disproportionate Sentences: If the court imposed a longer sentence on you compared to members of another race, ethnicity, or national origin convicted of the similar conduct, or whose victim was of a different race, ethnicity, or national origin. 

The RJA recognizes both explicit and implicit forms of racism. For example, RJA violations have been found through the prosecutor’s or law enforcement’s use of the n-word, rap lyrics, or slang. The use of racially coded language can prime juries for implicit bias against the defendants and may entitle a defendant to legal relief. 

RJA violations can occur both in and out of court. There can also be possible RJA violations in jury selection. For example, a juror saying that people of a particular racial or ethnic group are more likely to commit crime may violate the RJA.

Next Steps:

If you were incarcerated with a sentence finalized before 2021, you may have the opportunity to challenge your convictions or sentences under the California Racial Justice Act (Pen. Code, §§ 745, 1473(f)). A successful RJA claim can vacate or modify a conviction or sentence. An RJA claim cannot result in a longer sentence. 

If you believe you have an RJA claim, please contact us. Navigating the RJA process is intricate and requires specialized legal expertise and it is crucial to have an attorney to help prevent default or procedural missteps that might otherwise jeopardize your case. Attempting to file these claims without professional assistance could result in critical errors, potentially leading to the waiver of important habeas claims.