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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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Activism

Oakland Post: Week of April 17 – 23, 2024

The printed Weekly Edition of the Oakland Post: Week of April 17 – 23, 2024

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Oakland Schools Honor Fred Korematsu Day of Civil Liberties

Every Jan. 30, OUSD commemorates the legacy of Fred Korematsu, an Oakland native, a Castlemont High School graduate, and a national symbol of resistance, resilience, and justice. His defiant stand against racial injustice and his unwavering commitment to civil rights continue to inspire the local community and the nation. Tuesday was “Fred Korematsu Day of Civil Liberties and the Constitution” in the state of California and a growing number of states across the country.

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Fred Korematsu. Courtesy of OUSD.
Fred Korematsu. Courtesy of OUSD.

By Post Staff

Every Jan. 30, OUSD commemorates the legacy of Fred Korematsu, an Oakland native, a Castlemont High School graduate, and a national symbol of resistance, resilience, and justice.

His defiant stand against racial injustice and his unwavering commitment to civil rights continue to inspire the local community and the nation. Tuesday was “Fred Korematsu Day of Civil Liberties and the Constitution” in the state of California and a growing number of states across the country.
One OUSD school is named in his honor: Fred T. Korematsu Discovery Academy (KDA) elementary in East Oakland.

Several years ago, founding KDA Principal Charles Wilson, in a video interview with anti-hate organization “Not In Our Town,” said, “We chose the name Fred Korematsu because we really felt like the attributes that he showed in his work are things that the children need to learn … that common people can stand up and make differences in a large number of people’s lives.”

Fred Korematsu was born in Oakland on Jan. 30, 1919. His parents ran a floral nursery business, and his upbringing in Oakland shaped his worldview. His belief in the importance of standing up for your rights and the rights of others, regardless of race or background, was the foundation for his activism against racial prejudice and for the rights of Japanese Americans during World War II.

At the start of the war, Korematsu was turned away from enlisting in the National Guard and the Coast Guard because of his race. He trained as a welder, working at the docks in Oakland, but was fired after the bombing of Pearl Harbor in 1941. Fear and prejudice led to federal Executive Order 9066, which forced more than 120,000 Japanese Americans out of their homes and neighborhoods and into remote internment camps.

The 23-year-old Korematsu resisted the order. He underwent cosmetic surgery and assumed a false identity, choosing freedom over unjust imprisonment. His later arrest and conviction sparked a legal battle that would challenge the foundation of civil liberties in America.

Korematsu’s fight culminated in the Supreme Court’s initial ruling against him in 1944. He spent years in a Utah internment camp with his family, followed by time living in Salt Lake City where he was dogged by racism.

In 1976, President Gerald Ford overturned Executive Order 9066. Seven years later, the 9th Circuit Court of Appeals in San Francisco vacated Korematsu’s conviction. He said in court, “I would like to see the government admit that they were wrong and do something about it so this will never happen again to any American citizen of any race, creed, or color.”

Korematsu’s dedication and determination established him as a national icon of civil rights and social justice. He advocated for justice with Rosa Parks. In 1998, President Bill Clinton gave him the Presidential Medal of Freedom saying, “In the long history of our country’s constant search for justice, some names of ordinary citizens stand for millions of souls … To that distinguished list, today we add the name of Fred Korematsu.”

After Sept. 11, 2001, Korematsu spoke out against hatred and discrimination, saying what happened to Japanese Americans should not happen to people of Middle Eastern descent.
Korematsu’s roots in Oakland and his education in OUSD are a source of great pride for the city, according to the school district. His most famous quote, which is on the Korematsu elementary school mural, is as relevant now as ever, “If you have the feeling that something is wrong, don’t be afraid to speak up.”

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Activism

WOMEN IMPACTING THE CHURCH AND COMMUNITY

Juanita Matthews, better known as “Sister Teacher,” is a walking Bible scholar. She moved to California from the great state of Arkansas in 1971. Sister Teacher has a passion for teaching. She has been a member of Bible Fellowship Missionary Baptist Church since 1971.

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Juanita Matthews
Juanita Matthews

Sister Juanita Matthews

55 Years with Oakland Public School District

 The Teacher, Mother, Community Outreach Champion, And Child of God

 Juanita Matthews, better known as “Sister Teacher,” is a walking Bible scholar. She moved to California from the great state of Arkansas in 1971.  Sister Teacher has a passion for teaching.  She has been a member of Bible Fellowship Missionary Baptist Church since 1971.  She followed her passion for teaching, and in 1977 became the lead teacher for Adult Class #6.  Her motto still today is “Once My Student, Always My Student”.

Beyond her remarkable love for the Lord, Sister Teacher has showcased her love for teaching by working for the Oakland Unified School District for 55 years, all but four of those years spent at Emerson Elementary and Child Development School.  She truly cares about her students, making sure they have the tools/supplies needed to learn either at OUSD or Bible Fellowship Missionary Baptist Church.

She’s also had a “Clothes Closet Ministry” for 51 years, making sure her students have sufficient clothing for school. The Clothes Closet Ministry extends past her students, she has been clothing the community for over 50 years as well. She loves the Lord and is a servant on a mission.  She is a loving mother to two beautiful children, Sandra and Andre. This is the impact this woman of God has on her church and the community.

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