The California Racial Justice Act: A Tool for Challenging Bias in Sentencing

October 28, 2025

Summary

Unequal Sentencing: Many Californians face harsher charges or longer sentences because of racial bias in the justice system. 

A New Legal Tool: The California Racial Justice Act (RJA), passed in 2020 and expanded later, allows defendants to challenge unfair treatment tied to race, ethnicity, or national origin. 

Purpose of This Guide: 

• Explain what the RJA is and how it works. 

• Show who is eligible to use it. 

• Highlight why it is an important safeguard against bias. 

• Provide actionable steps for defendants and families to protect their rights. 

What Is the California Racial Justice Act? 

The California Racial Justice Act is a groundbreaking law that prohibits the use of race, ethnicity, or national origin as a factor in charging, conviction, or sentencing decisions. 

In practical terms, that means: 

• Prosecutors cannot file harsher charges based on someone’s race. 

• Judges cannot allow racial bias to influence trial outcomes. 

• Sentences cannot be longer or more severe because of race or ethnicity. 

The RJA also goes further than past laws. Under federal standards, defendants often had to prove intentional discrimination as a nearly impossible burden. California’s law removes that barrier. Defendants can now challenge disparities even if there’s no smoking gun showing intent. 

This makes the RJA one of the strongest state-level protections against racial bias in the justice system. 

Why the Racial Justice Act Matters for Defendants 

California’s justice system has a documented history of unequal treatment across racial lines. The state’s own Racial and Identity Profiling Act (RIPA) reports show clear disparities: 

• In 2023, California law enforcement agencies reported 4.72 million stops. 

• Black individuals were stopped 126% more often than expected based on their share of the population. 

• Hispanic/Latine(x) people were stopped 43.8% more than expected. 

• Despite being searched more often, Black, Native American, and Hispanic/Latine(x) individuals were less likely to have contraband compared to White individuals. 

On a national level, the disparities are just as stark. Black people are about five times more likely to be incarcerated than White people. 

The RJA gives defendants a mechanism to fight back against these systemic problems, making it a lifeline for anyone concerned about fairness in their case. 

Who Can File a Motion Under the Racial Justice Act? 

The RJA is designed to apply both to current defendants and, over time, to people already convicted. 

Current Defendants 

If you are currently facing charges or awaiting sentencing, you can file a motion under the RJA before trial or at the sentencing phase. 

Retroactivity for Past Cases 

The law also includes phased retroactivity, meaning individuals with older cases may be eligible depending on the timeline: 

• January 1, 2023 – Defendants in cases with death or immigration consequences. 

• January 1, 2024 – People currently incarcerated on felony convictions. 

• January 1, 2025 – Those convicted of felonies since 2015, even if they’ve already completed their sentence. 

• January 1, 2026 – All felony convictions, regardless of when they occurred. 

For families wondering “Can my loved one benefit from the RJA?” The answer often depends on this schedule. 

What Counts as Evidence Under the RJA? 

One of the most common questions is what type of evidence can be used to prove racial bias. The law allows a wide range of evidence, including: 

• Direct statements: Racist remarks or language by prosecutors, judges, or law enforcement officers. 

• Discriminatory patterns: Data showing that certain racial groups are consistently charged with harsher crimes. 

• Jury selection bias: If people of certain races are disproportionately excluded from jury service. 

• Statistical evidence: County-level or statewide data showing unequal outcomes. 

• Expert testimony: Professionals analyzing case patterns and disparities. 

It’s important to note that California’s data systems aren’t perfect. Reports from the Public Policy Institute of California (PPIC) highlight gaps, especially at the county level. Some data on charging and sentencing patterns are fragmented, and the state’s reporting law (known as the Justice DATA bill) remains unfunded. If it receives funding, more comprehensive data collection may start around 2027. 

This makes it all the more crucial to work with an attorney who understands how to locate, analyze, and present the available data effectively. 

How to File a Racial Justice Act Motion in California 

Here’s what the process usually looks like: 

• Prima facie showing – Your attorney presents initial evidence that suggests racial bias may have influenced the case. 

• Court hearing – If the court agrees the initial threshold is met, a full hearing is scheduled. 

• Burden of proof – At this stage, the defendant must show by a “preponderance of the evidence” (more likely than not) that racial bias affected the case. 

• Remedies – If the court finds a violation, several outcomes are possible: 

1. Declaring a mistrial 
2. Starting jury selection over 
3. Dismissing sentence enhancements 
4. Vacating the conviction and granting a new trial 

Notably, defendants generally do not have to prove that the bias directly changed the outcome of their trial. Showing that bias influenced the process is often enough. 

Real Case Example 

Case: People v. Howard – Racial Justice Act Motion 

• Overview: In 2024, Jermaine Randy Howard filed a motion alleging that the prosecutor violated the California Racial Justice Act (RJA) by questioning him about his connection to East Palo Alto, which he argued was racially biased. The trial court denied his motion, but Howard appealed, contending that the prosecutor’s actions violated the RJA and his due process rights. Source 

• Relevance: This case provides a concrete example of how the RJA is being utilized in California courts. It demonstrates the legal avenues available for defendants to challenge potential racial bias in their prosecution and sentencing, making it a pertinent addition to your blog discussing the RJA’s application. 

Challenges and Limitations of the RJA 

While powerful, the RJA isn’t a silver bullet. Defendants and families should be aware of some challenges: 

• Data availability: Many counties don’t publish detailed breakdowns of charges and sentencing by race. 

• Judicial discretion: Judges have significant leeway in interpreting the evidence. Some may set a high bar for proving bias. 

• Court delays: With many new motions being filed, courts may experience backlogs. 

Still, the law represents progress, giving defendants options that didn’t exist before. 

Actionable Tips for Defendants and Families 

If you think the Racial Justice Act might apply to your case, here are steps to take now: 

• Document everything. Keep transcripts, police reports, and any statements made during the process. 

• Request data. Publicly available RIPA reports can provide useful statistics. 

• Work with experts. An attorney may bring in statisticians or sociologists to support your claim. 

• Act quickly. Courts may reject late filings, so consult a lawyer as soon as possible. 

How Defend CA Can Help with RJA Motions 

At Defend CA, we are committed to fighting racial bias in the justice system. Our team understands the complexities of filing Racial Justice Act motions and how to gather the strongest possible evidence for your defense. 

We’ve seen firsthand how racial disparities harm individuals and families, and we believe the RJA is an essential tool for change. If you believe racial bias influenced your case or a loved one’s, we’re here to help. 

Contact Defend CA today for a confidential consultation and learn how we can protect your rights. 

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