New Racial Justice Act Penal Code 745
California recently enacted Racial Justice Act Penal Code 745 to root out discriminatory overcharging and sentencing by prosecutors. For generations, there has been an implicit bias against certain groups based on their race, ethnicity, or national origin throughout the criminal justice process. But what does the new Racial Justice Act actually do, and how does it affect you and your loved ones?
What Are the Aims of the Racial Justice Act?
The Racial Justice Act focuses on prosecutors, not on police. If you think of the show ‘Law & Order,’ this new law aims to reduce bias on the Order side of the justice system. While racial profiling by police remains a problem, the new Racial Justice Act attempts to remedy minorities’ suffering worse outcomes later in the criminal process.
Discrimination against African Americans, Hispanics, and other ethnicities has typically taken two forms:
- Overcharging by prosecutors.
- Length of sentences sought.
Discrimination occurs when a prosecutor, presented with the same or similar set of facts, opts to charge a minority with more crimes or ones that carry harsher penalties. That is racial overcharging, and the Act gives defense attorneys tools to address misconduct. Overcharging and seeking longer sentences has led to minorities spending more time in jail, on probation, or on parole, than Caucasians convicted of the same crimes.
Case Discovery and Petition for Remedy
If you are charged with a crime by a district attorney and your defense team believes you are being discriminated against, the Racial Justice Act provides protection. Your defense attorney can, under the Racial Justice Act, seek discovery from the prosecution.
Discovery is a legal tool that governs the sharing of information between opposing sides. In the criminal world, discovery allows defendants to understand the prosecution’s case against them. The Racial Justice Act provides a discovery mechanism so that defense lawyers can find out why their client is facing such significant charges or jail time.
Under the Racial Justice Act, your defense team can review how the district attorney has charged similar incidents in the past. Specifically, your lawyer can determine if the prosecution has been more lenient towards white people or people from other racial or ethnic groups.
If the prosecutor appears to be discriminating against you, your attorney can directly petition the judge for help. By arguing that you are overcharged or facing a longer sentence due to discrimination, the judge can remedy the profiling.
Review a Prior Sentence Under Racial Justice Act Penal Code 745
California’s new Racial Justice Act does not only apply to pending criminal cases where a district attorney is discriminating against you. It also can help you if you were already convicted of a crime.
If you believe that either your prosecution or your sentencing was affected by your race, ethnicity, or national origin, you can seek relief. Even after you have been sentenced, the Racial Justice Act allows you to petition the court to take a new look at your case.
By seeking relief, the judge will review whether discrimination affected how harshly you were treated in the criminal justice system. If a judge determines that you were the subject of bias by a district attorney or at sentencing, they can order your sentence to be immediately vacated. The judge can also order a reduction to your sentence. So, a post-conviction petition under the Racial Justice Act can result in your leaving jail or having years dropped from your prison term.
If you believe that you are eligible for relief under California’s Racial Justice Act, the Chambers Law Firm can help. We will fight against any case of discrimination in the justice system and seek to remedy any injustice. Schedule an initial meeting with our skilled criminal defense attorneys by calling 714-760-4088 or emailing dchambers@clfca.com today!
