The California Racial Justice Act, codified in California Penal Code 745, prohibits the state from seeking or obtaining a criminal conviction or sentence on the basis of race, ethnicity, or national origin. A defendant can establish a violation of the Act in various ways, including by showing that they were charged or convicted of a more serious offense than defendants of other races who committed similar offenses, or that they received a longer or more severe sentence than similarly situated individuals. If a violation is found, the court may vacate the conviction or sentence and order new proceedings or impose a new sentence.

The California Racial Justice Act (CRJA) was enacted in 2020 with the goal of eliminating racial bias from the state’s criminal justice system. As outlined in California Penal Code 745, the CRJA prohibits the state from seeking or obtaining a criminal conviction or sentence on the basis of race, ethnicity, or national origin.

A defendant can establish a violation of the CRJA in a number of ways. For example, they may present direct evidence of discriminatory intent, such as an exhibition of bias or animus or the use of racially discriminatory language. Alternatively, they may demonstrate racial bias against a group of which they are a member by showing that they were treated more harshly than defendants of other races who committed similar offenses.

If a defendant makes a prima facie showing of a CRJA violation, they are entitled to a hearing. At the hearing, both parties may present evidence, including statistical evidence, aggregate data, expert testimony, and witness testimony.

If the court finds that a conviction was obtained in violation of the CRJA, it will vacate the conviction and sentence and order new proceedings. If the court finds that only the sentence was obtained in violation of the CRJA, it will vacate the sentence and impose a new one.

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