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OPINION: D.A. Candidate Outlines Plan for Implementing California’s 2020 Racial Justice Act

The new Racial Justice Act makes the new law retroactive with a phased-in timeline for prisoners to apply for relief. Prisoners sentenced to death and people facing deportation will be eligible first, beginning Jan. 1, 2023. A death sentence must be vacated if the defendant was charged or convicted of a more serious offense based on race, ethnicity or national origin, and prosecutors in the county “more frequently sought or obtained convictions for more serious offenses” against people based on their race, ethnicity, or national origin.

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California State Assemblymember Ash Kalra (D-San Jose), author and prime legislator for the California Racial Justice Act. Photo by Davis Vanguard.
California State Assemblymember Ash Kalra (D-San Jose), author and prime legislator for the California Racial Justice Act. Photo by Davis Vanguard.

By Pamela Price | Post News Group

Candidate for Alameda County District Attorney

In 2020, California took a huge step forward to reform our criminal justice system when the Legislature passed the Racial Justice Act (RJA).

The RJA was passed based on the undeniable racial disparities that are pervasive and pronounced in the criminal justice system.

It was a good start, but there needs to be a strong follow-up to be truly effective. Below, I describe the intended impact of the Act followed by my recommendations for the present and future.

First Step – 2020

The RJA works to eliminate:

  • Intentional bias directed at the defendant by an attorney, judge, juror, law enforcement officer or expert witness.
  • Racially coded language in court.
  • Racial disparities in charges.
  • Racial disparities in convictions.
  • Racial disparities in sentences.

The RJA makes it illegal for a prosecutor to pursue a criminal conviction or a sentence based on an individual’s race, ethnicity or national origin.

The Court is required to (1) hold a RJA hearing in any case where the defendant exposes racial discrimination and (2) take appropriate action to address any case where there is a substantial likelihood that race discrimination infected the process.

The RJA also made major reforms to jury selection based on evidence of the pervasive exclusion of Black and Brown residents from juries by prosecutors.

My plan to implement the RJA will include close examination of the case files for current cases in order to identify and evaluate the presence of racial bias and develop an appropriate remedy considering the interests of the victims and any system-impacted people.

We will compile and review statistical data to analyze disparities that violate the RJA, assign appropriate staff to ensure enforcement and compliance with the Act and work collaboratively with other County and state offices to ensure its smooth implementation in Alameda County. We will also train deputies to follow the new rules imposed by the RJA in jury selection practices and assist the Court as needed.

Next Step – 2022

Systemic racism in our criminal justice system has devastated generations of working families and whole communities. In recognition of this impact, in 2022, the California Legislature passed the second RJA (AB256).

The new RJA makes the new law retroactive with a phased-in timeline for prisoners to apply for relief. Prisoners sentenced to death and people facing deportation will be eligible first, beginning Jan. 1, 2023. A death sentence must be vacated if the defendant was charged or convicted of a more serious offense based on race, ethnicity or national origin, and prosecutors in the county “more frequently sought or obtained convictions for more serious offenses” against people based on their race, ethnicity, or national origin.

Over the following three years, eligibility will expand to people incarcerated for felonies, people with recent convictions, and people with older convictions who are no longer incarcerated.

Responding to the volume of anticipated petitions will require my office to have a streamlined process to receive, track and adjudicate these petitions quickly.

We will assess the office’s current capacity to do so and maximize our capacity as quickly as possible. We will train deputies and staff on the fairest criteria to assess these petitions and propose and implement the resentencing that is mandated by the statute.

Civil rights attorney Pamela Price has successfully litigated cases of racial discrimination for more than 30 years, including winning a racial harassment case in the United States Supreme Court. The California Legislature has honored Attorney Price as a Social Justice Warrior and Woman of the Year for her advocacy against discrimination multiple times. When she is elected to serve as Alameda County District Attorney, she commits to root out the racial, gender and economic disparities in our criminal justice system and repair the harm caused by mass incarceration.

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Oakland Post: Week of November 22 – 28, 2023

The printed Weekly Edition of the Oakland Post: Week of November 22 – 28, 2023

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The printed Weekly Edition of the Oakland Post: Week of November 22 - 28, 2023

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Oakland Post: Week of November 15 – 21, 2023

The printed Weekly Edition of the Oakland Post: Week of November 15 – 21, 2023

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The printed Weekly Edition of the Oakland Post: Week of November 15 - 21, 2023

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School Board President Shuts Down Meeting Trying to Silence Gaza Ceasefire Protesters

Since the executive board of the Oakland Education Association originally took a stand to oppose genocide and call for a ceasefire, the union has been under intense criticism both from mainstream media and an Oakland parents’ group, which has been encouraging teachers to quit the union.

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By Ken Epstein

Several hundred people, including teachers, school staff, students, parents, and community activists, showed up at the Oakland Unified School District board meeting Wednesday night, most of them calling on the board to pass a resolution to support an immediate ceasefire in Gaza and end the killing of civilians, when school board President Mike Hutchinson refused to let them speak and abruptly shut down the meeting as they demanded to be heard.

At the start of the meeting, Hutchinson announced that a resolution proposed by Board member Valarie Bachelor, “Calling for a Ceasefire and Release of Hostages in Israel and Palestine,” would not be discussed that evening and that there was no place anywhere on the agenda where attendees would be allowed to speak on the issue.

However, there was a moment of confusion when the parliamentarian, speaking over Hutchinson’s objections, explained that there was one 30-minute period for people to discuss nonagenda items.

A chorus of boos filled the auditorium as Hutchinson attempted to move on. He quickly suspended the meeting, and he and several other board members left the room, though some board members remained.

One young woman shouted at Hutchinson. “You’re having a tantrum, and we’re talking about genocide.”

People crowded around a bullhorn at the front of the room, and attendees held their own meeting.

“You are on the right side of history – we’ll be back,” said a youth soccer coach, Maria Martinez.

A young woman named Lulwa said, ‘I believe we all deserve our land, we all deserve our freedom, and we all deserve not to have our children bombed. The media is lying to us, and social media is bringing us together.”

Lulwa explained that she has been living in the U.S. and Oakland since the age of 9. “I was taken in by the community in Oakland, and I was loved.”

Board member Bachelor was cheered as she spoke on the bullhorn, supporting the people of Palestine and the people of Israel.

“We have to stop killing children, we have to stop bombing hospitals, we have to stop killing UN workers; we have to stop the killing,” she said. “We are a global community. The fight continues.”

A woman who identified herself as a Jewish Oakland teacher said, “The school board does not speak for the teachers, Monday night, we (teachers) passed a very strong resolution demanding an end to the genocide in Gaza and an end to U.S. funding (for the war).

An Oakland man named Izzy said, “What did the school board do today? They walked out on our kids…. There’s nobody to blame but Mike Hutchinson.”

Jabari Shaw said that African Americans stand in solidarity with Palestine. “We know how it is to not be recognized as human beings,” he said.

Since the executive board of the Oakland Education Association originally took a stand to oppose genocide and call for a ceasefire, the union has been under intense criticism both from mainstream media and an Oakland parents’ group, which has been encouraging teachers to quit the union.

However, on Monday evening, union delegates from the Oakland schools upheld a strong position, voting 66 to 31 in favor of a ceasefire.

Hutchinson and board member Sam Davis, joined by school board candidate Jorge Lerma, have been working with the parent group in opposition to the teachers’ union.

But another group of parents and community members supporting the teachers’ union’s stance just started a petition in the last couple of days and has already received over 300 signatures.

“As Oakland parents, caregivers, and community members, we are committed to the safety and well-being of all of our children,” the petition said. “We are writing to express our solidarity with the families of Palestine and to express support for district leaders and the OEA for standing in solidarity with the people of Palestine.”

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