The test cases for a new California law prepared the state for exactly what a justice system based on critical race theory would look like.
The Golden State's sweeping push for reparations may have grabbed most of the spotlight since Gov. Gavin Newsom (D) approved the formation of a task force in 2020. However, it was the Act of racial justice passed in the same year that set off the alarms. amendments that could advance race-based challenges to his convictions were expanded.
Writing for City Journal, Manhattan Institute Fellow Heather Mac Donald argued“California is about to demonstrate what a world built on the principles of critical race studies looks like.”
“Beginning this year, the RJA allows anyone serving time in a California prison or jail for a felony crime to retroactively challenge their conviction and sentence on the basis of systemic racial bias,” he detailed
“The act establishes an infinite regression of bias from which it is not possible to escape. If a prosecutor tries to offer what the act calls “neutral reasons'' (such as a criminal record) either for previous prosecutions or for the current one,” he explained, “those reasons can be challenged, in the words of statute as the product of “systemic and institutional racial bias, racial profiling, and historical patterns of racially biased policing and prosecution.”
The newspaper article highlighted an example of an RJA claim upheld in appellate court where “Dante King, a 'race expert,' testified that the officer's use of the phrase 'area of high crime' to explain his stop demonstrated 'bias against people of color'', then a parolee was arrested and found to be illegally carrying a loaded firearm in his car.
“That same Dante King would claim in February 2024 that 'white people are psychopaths' [whose] behavior represents and underlies biologically transmitted propensity.' Labeling white people as 'psychopaths' apparently does not demonstrate bias against white people,” the contributing editor noted.
In other words, the bill is a ticking time bomb. Serious felons can allege bias merely by showing that a disproportionate number of people convicted of crimes in a county are minorities.
Here's an example of RJA in action. pic.twitter.com/NQr3Szrzfh
— Heather MacDonald (@HMDatMI) May 20, 2024
As it currently stood, the law allowed people currently incarcerated to appeal their convictions. By 2025, felons convicted in 2015 or later were eligible, and by 2026 anyone who had served time for a felony conviction could file a challenge.
“Racial justice advocates are distributing materials in prisons to mentor inmates about filing RJA actions,” Mac Donald detailed.
To further compound the problem, an April 2024 court ruling by the Orange County Superior Court determined that a judge could be disqualified from adjudicating RJA motions challenging claims of systemic racism in the justice system. In other words, while the state ignored Supreme Court precedent on implicit bias, as determined in the 1987 case McClesky v. Kemp That asserted prejudice had to be shown against the individual, not a group, for the Equal Protection Clause of the Fourteenth Amendment to be invoked, California's leftist judges were removing any impediment to their own judicial activism.
Things were even worse for state prosecutors who were not committed to the soft crime agenda, as the California legislature had appropriated $5 million for the State Public Defender's Office in 2023 for RJA claims. “No money was allocated to the district attorneys' offices to defend against these claims.”
The extent of the extension of the RJA was provided by the left-wing group, The Prosecutors Alliance of California, which claimed that more than 90 percent of adults incarcerated with gang enhancements were “black and Latino.”
As at least one user posed, “What could possibly go wrong?”
What could go wrong?
— Jeremy Carl (@realJeremyCarl) May 20, 2024
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