Dear Senator,

I write in support of AB 2542, the California Racial Justice Act, which will prohibit the state from seeking or obtaining a criminal conviction, or from imposing a sentence, based on race, ethnicity, or national origin. California’s legal system is plagued by racial disparities and discrimination in arrest, trial, and sentencing. Currently we have no feasible path forward for people who wish to pursue justice in the face of discriminatory treatment during the criminal legal process.

The Racial Justice Act addresses the problem of what Justice William Brennan called a "fear of too much justice." The new law would make it possible for a person charged or convicted of a crime to challenge racial, ethnic, and national origin bias in their case, as shown through evidence of:
- Explicit racial bias by an attorney, judge, law enforcement officer, expert witness, or juror involved in the case.
- Use of racially discriminatory language in court and during the criminal proceedings, whether or not intentional.
- Racial bias in jury selection, such as removing all or nearly all Black, Brown, Native, Indigenous, and people of color from the jury.
- Statistical disparities in charging and convictions – that is, evidence that people of one race are disproportionately charged or convicted of a specific crime or enhancement.
- Statistical disparities in sentencing – that is, evidence that people of one race receive longer or more severe sentences, including the death penalty or life without parole.

This bill is needed because of a widely condemned 1987 legal precedent established by the U.S. Supreme Court in the case of McCleskey v. Kemp. The McCleskey decision has the functional effect of requiring that criminal defendants prove intentional discrimination when challenging racial bias in their legal process. This is an unreasonably high standard and is almost impossible to meet without direct proof that the racially discriminatory behavior was conscious, deliberate, and targeted.

Californians have relied on state or federal constitutional provisions to challenge discrimination in the criminal justice system. However, these provisions are insufficient to address persistent racial discrimination in the criminal legal system, because courts have concluded that, due to the McCleskey case and others, proof of purposeful discrimination is required. As a result, California convictions and sentences are routinely upheld despite:
- Blatantly racist statements by attorneys, judges, jurors and expert witnesses;
- The exclusion of all, or nearly all Black, Brown, Native, Indigenous, and people of color from serving on a jury; and
- Stark statistical evidence showing systemic bias in charging and sentencing.

The McCleskey majority observed that state legislatures concerned about racial bias in the criminal legal system could act to address the problem. We agree. We must confront racism in our criminal system and pass the Racial Justice Act.