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Santa Clara Law Review
THE DISPARITY IN LITIGATING RACIAL DISPARITY CLAIMS: THE NEED FOR CALIFORNIA COURTS TO ARTICULATE A FRAMEWORK FOR ASSESSING RACIAL JUSTICE ACT CHALLENGES TO CHARGING, CONVICTION, AND SENTENCING
Abstract: Under California’s Racial Justice Act (RJA)—codified in Penal Code section 745—the state may not seek or obtain a criminal conviction or sentence on the basis of race, ethnicity, or national origin. There are four pathways to establishing an RJA violation. Two of the pathways proscribe discriminatory or biased conduct or language inside or outside the courtroom by specified criminal legal system actors, including judges, attorneys, law enforcement officers, and expe
Lisa M. Romo
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