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End Racial Bias in Sentencing

Research shows that the death penalty is not applied fairly in California. A defendant is three or four times more likely to be sentenced to die in cases where the victim is white than in cases where the victim is African American or Latino.

The California Racial Justice Act (RJA) would ensure that no one is sentenced to die in California because of race or ethnicity. The RJA would create a procedure for the court to determine whether race was a significant factor in the decision to seek or impose the death penalty in a particular case. In cases where bias is demonstrated the individual would be sentenced to permanent imprisonment instead.

If California is going to continue to have a death penalty, it must be applied without regard to the race or ethnicity of the victim, defendant or jurors.

Tell your State Senators to support the Racial Justice Act (SB1331) today!
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I am writing to express my strong support for SB 1331, known as the California Racial Justice Act (RJA). I urge you to support this important legislation.

Research shows that the death penalty is not applied fairly in California. A defendant is three or four times more likely to be sentenced to die in cases where the victim is white than in cases where the victim is African American or Latino. African Americans have long been over-represented on death row. In recent years Latinos have increasingly been sentenced to death. One California prosecutor testified that it was standard policy in his office to exclude African American women from juries in death penalty cases.

If California is going to continue to have a death penalty, it must be applied without regard to the race or ethnicity of the victim, defendant or jurors. This bill has a very small fiscal impact given the significant costs associated with the death penalty.

The RJA would ensure that no one is sentenced to die in California because of race or ethnicity. This important bill would create a procedure for the court to decide whether race was a significant factor in the decision to seek or impose the death penalty in a particular case. It would permit the defendant to file a motion and present evidence supporting his or her claim and would allow the State to present evidence in response. If the judge decides that race was a significant factor in the decision to seek the death penalty, the State would not be allowed to seek the death penalty in that case, but could instead pursue a sentence of permanent imprisonment.

The RJA is needed because procedural hurdles prevent these issues from being fully considered in court. For example, the studies showing racial disparities in death sentencing cannot be used by a judge to find that race was a significant factor in a death sentence. The RJA would allow such data, along with other evidence showing that race was a factor.

Two states, Kentucky and North Carolina, have already implemented Racial Justice Acts. California must also enact a Racial Justice Act to ensure that if the state continues to pursue the death penalty, it is implemented without regard to the race or ethnicity of the individuals involved.

[Your comments]

I strongly support the California Racial Justice Act and urge you to vote yes on SB 1331.
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The RJA would ensure that no one is sentenced to die in California because of race or ethnicity. This important bill would create a procedure for the court to decide whether race was a significant factor in the decision to seek or impose the death penalty in a particular case. It would permit the defendant to file a motion and present evidence supporting his or her claim and would allow the State to present evidence in response. If the judge decides that race was a significant factor in the decision to seek the death penalty, the State would not be allowed to seek the death penalty in that case, but could instead pursue a sentence of permanent imprisonment. The RJA is needed because procedural hurdles prevent these issues from being fully considered in court. For example, the studies showing racial disparities in death sentencing cannot be used by a judge to find that race was a significant factor in a death sentence. The RJA would allow such data, along with other evidence showing that race was a factor. Two states, Kentucky and North Carolina, have already implemented Racial Justice Acts. California must also enact a Racial Justice Act to ensure that if the state continues to pursue the death penalty, it is implemented without regard to the race or ethnicity of the individuals involved. [Your comments] I strongly support the California Racial Justice Act and urge you to vote yes on SB 1331.

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