Most California convicts can now petition to have their convictions invalidated or sentences reduced on the basis of the presence of any disparities between racial groups in charging, sentencing or convictions. Law enforcement groups warn that these petitions throw out lawful convictions and threaten public safety.
Under the 2020 and 2022 Racial Justice Acts, legislators created two new main paths for convicts to petition for reduced sentencing or conviction reversals. Convicts can petition for any instance of biased language or conduct inside or outside the courtroom by anyone involved with their trial, or even if — in the absence of any individual bias — they produce county-level data finding members of their own race or national origin face more arrests, serious charges or longer sentences than any other group.
Notably, the act states “the defendant need not show that purposeful discrimination occurred” for a petition to succeed. […]
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