Understanding California’s Racial Justice Act
Many individuals in the criminal justice system – police officers, prosecutors, jurors, and judges – act with direct or indirect racial bias. Outdated racial ideas can impact many parts of a criminal case. Fortunately, California’s Racial Justice Act (RJA) gives defendants a way to fight back.
This article discusses the origins of the RJA. It also answers questions such as who can file an RJA claim and how to file an RJA claim. Finally, it explains how a Marin County defense attorney can help.
Racial Bias in California’s Criminal Justice System
Unfortunately, racism affects many parts of California’s criminal justice system. A 2025 study of California police stops showed that Latinos were stopped 44 percent more than expected based on their presence in the state’s population. African Americans were stopped 127 times more than predicted.
The disparities continue after arrest. According to one recent report, Latino men are 38% of all adult Californians but 46% of the state’s adult male prisoners. Worse, Black men are just six percent of the state’s adult population but 28 percent of incarcerated men. Additionally, courts regularly sentence African Americans to prison terms that are roughly 20 percent longer than their white counterparts for similar conduct. These statistics show that race plays a substantial role in California’s criminal justice process.
What is California’s Racial Justice Act?
To address the racial disparities in the state, California passed the
Racial Justice Act of 2020. The law says that the state cannot seek, obtain, or impose a conviction or sentence “on the basis of race, ethnicity, or national origin.” To win, the defendant must prove that one of five things happened:
- A judge, lawyer, juror, expert witness, or police officer involved in the case used racist language about the defendant outside the courtroom,
- A judge, lawyer, juror, expert witness, or police officer involved in the case used racially discriminatory language about the defendant or the defendant’s racial group in court,
- The defendant was charged or convicted of a more serious offense than similarly situated defendants of other races in the same county,
- The defendant received a more severe sentence than similarly situated defendants of other races in the same county convicted of the same offense, or
- The defendant received a more severe sentence than similarly situated defendants, and longer sentences were often imposed in this county in cases where the victims and defendants were of particular races.
Before the RJA, most federal and California courts required criminal defendants bringing racial claims to show that actors in their cases were intentionally racist. The RJA allows defendants to raise challenges based on statistics and other indirect evidence of racial bias that would not have been allowed previously.
Who Can File a Racial Justice Act Claim?
The RJA took effect on January 1, 2021. The law is retroactive for felonies. This means that it applies to people who were sentenced before the law’s effective date. However, the law has “phased” retroactivity. Here’s how it works:
- People who are sentenced to death or whose convictions carry immigration consequences could file RJA claims starting on January 1, 2023,
- People currently incarcerated for any felony were allowed to file on January 1, 2024,
- People with felony convictions from 2015 onward, even those who had been released, were eligible to file RJA claims on January 1, 2025, and
- People with any felony conviction, regardless of date, will be eligible to file their claims on January 1, 2026.
How (and When) to Raise a Claim Under California’s Racial Justice Act
The method of filing a claim under RJA depends on the status of your case. If you have already been sentenced (including those persons who were sentenced before January 1, 2021), the best course of action is to file a motion for habeas corpus in the county where you were sentenced. A Marin County defense attorney can help you with this process.
If you have not yet been sentenced, you can file a motion with the trial court. This motion can challenge the prosecutor’s charging decision, the conduct of the police during the investigation, the behavior of witnesses at trial, jury selection tactics, and the sentence. However, you should act quickly because the RJA lets courts dismiss motions that are not made as soon as possible after the objectionable conduct.
In your filing, you’ll have to make a “prima facie” showing, which means you’ll have to show that there is a substantial likelihood that racism played a role in your case. At this point, the RJA allows you and your attorney to request information from the D.A. that might help your case.
If the court believes that you’ve made the prima facie showing under the RJA, it will schedule a hearing on your claim. At the hearing, you’ll have to show by a preponderance of the evidence (e.g., that it is more likely than not) that one of the actions prohibited by the RJA happened in your case. Note that generally, you do not have to show that racism influenced the outcome in your case.
What Kind of Relief Can a Court Grant Under the California Racial Justice Act?
If the court believes that you have met the standards outlined in the RJA, it must grant you relief. If you have not yet been sentenced, the court has the power to
- Declare a mistrial
- Empanel a new jury
- Dismiss any sentencing enhancements or otherwise adjust the sentence
If your sentence is final, the court can vacate it and order a new trial. However, if you were sentenced before 2021 and your claim is based on racist statements, the court need not take any action if the prosecution can prove beyond a reasonable doubt that the statements did not affect your case.
Why Legal Help Is Crucial in RJA Cases
If you believe that racial bias played a role in your criminal case, you should talk to a Marin County defense attorney immediately. Your lawyer can help you by
- Investigating your claim,
- Looking for statistics and data to support your claims,
- Hiring expert witnesses for your case, and
- Filing the proper motions.
Racism is an ugly part of our society, but the RJA gives defendants a remedy. If you need help filing an RJA claim or challenging any other part of your prosecution, contact Brownstein Law Group. Our attorneys go the extra mile for every client. Call 415-795-9059 or use our online form to learn more about how Brownstein Law can help you.