Progress and Challenges in California’s Criminal Justice Reform

Two years after the enactment of the Racial Justice Act in California, lawyers and public defenders have observed gradual advancements in the state’s criminal justice reform and efforts to reduce systemic bias.

At a symposium held by the University of California, Berkeley’s Criminal Law and Justice Center and the Berkeley Journal of Criminal Law, discussions centered on the application of the new law across various stages of the criminal process, from pretrial to post-conviction. The act outlaws bias based on race, ethnicity, or national origin in criminal charges, convictions, and sentencing, and delineates what actions by government entities or individuals constitute violations.

Experts highlighted the impact of the act on California’s legal system, addressing how public defenders manage violation claims and the challenges posed by resistance during criminal cases.

Karina Alvarez from Santa Clara County’s Public Defender’s Office explained that the 2022 law formally defines racial discrimination within the justice system. She noted that prior to the law, only the most explicit forms of racism and bias were confronted in court. The act now allows for the addressing of more subtle biases during legal proceedings, though it does not rectify all potentially discriminatory pre-existing laws, such as those related to gang-related penalty enhancements.

Elizabeth Lashley-Haynes of the Los Angeles County Public Defender’s Office warned of potential resistance from judges when claims of violations by government officials are raised, noting a general reluctance among judges to recognize their gaps in understanding regarding racially biased law enforcement and prosecution practices.

Sujung Kim from the San Francisco Public Defender’s Office reported resistance from district attorneys, like those in San Francisco who have denied requests for information on prior offenses because these are supposedly irrelevant to current cases. She mentioned that public defenders can present evidence of biased police focus on certain neighborhoods and provide judges with context about historical racial biases.

Jane Brown of the Alameda County Public Defender’s Office stressed the importance of vigilance for any actions during legal processes that could infringe on a client’s rights against discrimination.

Furthermore, attorneys like Morgan Zamora of the Ella Baker Center for Human Rights are actively litigating claims under the Racial Justice Act and striving to educate incarcerated individuals about their rights under this law.

Lisa Romo of the state Public Defender’s Office highlighted the challenge of limited resources and access to data necessary for supporting Racial Justice Act claims, despite annual police reporting requirements to the state Department of Justice.

The Paper Prisons Initiative is seeking federal approval for a new tool designed to help lawyers analyze crime data and identify disparities, such as higher arrest rates for Black residents in Los Angeles County relative to their population share.

Associate Professor David Ball of Santa Clara Law emphasized that while data is crucial, it is only part of the solution in challenging longstanding assumptions about crime.

Romo sees all these efforts as evidence of progress in addressing racial bias in criminal justice, though she acknowledges that achieving significant change is a long-term endeavor.
The implementation of California’s Racial Justice Act significantly impacts the practices and strategies of criminal defense lawyers across the state, including those in Santa Rosa. This new legislative framework offers an expanded toolkit for Santa Rosa criminal defense lawyers to address and combat racial biases that may affect their clients within the criminal justice system.

A Santa Rosa criminal defense lawyer, operating within this evolving legal environment, now has the authority to challenge prosecutorial and law enforcement decisions when they believe those decisions are influenced by racial bias. The Racial Justice Act makes it possible to contest charges, convictions, and sentences that are perceived to be based on the race, ethnicity, or national origin of the defendant, rather than the merits of the case.

This capacity to argue against racial discrimination is pivotal. For instance, if a Santa Rosa lawyer can demonstrate that racial bias was a factor in their client’s treatment—such as disproportionately harsh sentencing, biased traffic stops, or racially motivated charges—they can seek to have the charges or sentence reduced or even dismissed. This not only aids in individual cases but also contributes to broader efforts to ensure fairness and equity in the legal process.

Moreover, the act encourages a more rigorous examination of systemic issues within the criminal justice system. Santa Rosa lawyers must now be more diligent in collecting and presenting evidence of racial bias, requiring thorough investigations and possibly employing experts in racial justice to strengthen their cases. This might include compiling statistical data, examining patterns of behavior by law enforcement, or scrutinizing the racial dynamics of jury selection and prosecution strategies.

The Racial Justice Act also likely increases the collaboration among defense lawyers, civil rights organizations, and community groups in Santa Rosa, fostering a united front against systemic biases and promoting justice reform. These partnerships can enhance resource sharing, spread awareness about legal rights, and amplify efforts to drive change within the legal system.

For Santa Rosa criminal defense lawyers, the Racial Justice Act not only augments their defense tactics but also aligns their practice with the broader movements toward racial justice and reform. As they adapt to these changes, their role becomes crucial in shaping a more equitable legal landscape.