What is the Racial Justice Act?

California’s Racial Justice Act (Penal Code § 745) is a law that prohibits the state from seeking or obtaining criminal convictions based on race. It exists because the justice system is not immune from racial bias whether that bias is explicit, coded, or embedded in patterns of enforcement and decision-making. The Act provides a legal framework to challenge a conviction or sentence when race,

ethnicity, or national origin played an improper role.

What the Racial Justice Act is

The RJA prohibits the State from obtaining a conviction or sentence through certain types of racially biased conduct. Depending on the facts, an RJA claim may involve issues such as:

• Biased statements or conduct by prosecutors, law enforcement, or witnesses, including language that appeals to racial stereotypes.

• Disparate treatment in charging, plea bargaining, or sentencing based on race, ethnicity, or national origin.

• Race-based jury discrimination and related unfairness in jury selection or trial proceedings.

• Patterns and practices evidence, including statistical proof, where appropriate, to show disparate impact or discriminatory enforcement.

The RJA is not limited to one kind of case. It can apply in trial court litigation and, in certain circumstances, in post-conviction proceedings. Like other legal claims, it must be supported with facts and developed through an organized evidentiary strategy.

What the Racial Justice Act is not

The RJA is not a general claim that the system is unfair even though many people have lived that reality. It is a specific legal remedy with defined requirements. A successful claim typically requires more than suspicion or a general belief that race played a role. Courts usually want:

• Specific facts tied to the case;

• A clear explanation of how race influenced the outcome; and

• Where relevant, comparators, documents, data, or other evidence supporting the claim.

  
  

In other words, the RJA does not single handedly address systemic racism in criminal justice, but it does its best to remedy the harm done in individual cases.

What evidence can matter in an RJA case

Every case is different, but RJA claims often rise or fall on the quality of the evidence. Depending on the claim, relevant proof may include:

• Body-worn camera footage, reports, dispatch logs, and stop/search documentation;

• Charging and plea-bargaining information (including policies and comparators);

• Trial transcripts reflecting racially coded arguments, stereotypes, or disparate treatment;

• Sentencing materials and remarks;

• Data or statistics in appropriate cases; and

• Declarations from witnesses, experts, or others with relevant knowledge.

  
  

A common challenge is that some of the most important information is in the possession of government agencies. That’s why the RJA includes tools, such as discovery on a showing of good cause, that may allow the defense to obtain evidence needed to fairly litigate the claim.

The practical takeaway

If you believe race influenced a conviction or sentence, the next step is usually not to argue in generalities, it is to collect the right records, identify the specific decision points where race may have mattered (stop, search, charging, plea, trial, sentencing), and develop a plan to obtain additional evidence if it exists.

The Racial Justice Act is a powerful tool, but it is also a disciplined one. The strongest RJA claims are the ones that are carefully framed, fact-supported, and strategically litigated.

Disclaimer: This post is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship.