The DA Cannot Use a Defendant’s Race Against Him in Order to Obtain a Conviction 

The foundation of the American justice system rests on the principle of fairness, yet throughout history, this ideal has been undermined by prejudice and systemic biases. Among these, the misuse of race in the courtroom has led to countless injustices, disproportionately affecting marginalized communities. When an accused individual’s race is improperly leveraged to bias a jury, the scales of justice tip unfairly, endangering not just the accused but the equity of the entire legal system. 

California, however, has taken significant steps to address this issue by enacting laws designed to prevent race from being used as a weapon against accused individuals in criminal trials. This blog explores California’s legal safeguards, highlights a recent key case, and provides actionable advice for accused individuals.

Our skilled criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free phone consultation with one of our criminal defense attorneys near you.  

Laws Protecting Defendants from Racial Bias in California 

California has specific legal provisions in place to prevent the prosecutorial misuse of a defendant’s race to obtain a conviction. These laws are rooted in the U.S. Constitution’s Sixth Amendment (right to a fair trial) and the Fourteenth Amendment (equal protection under the law). However, California adds extra layers of protection through its state laws. 

California Penal Code §745: The Racial Justice Act 

Enacted in 2021, the Racial Justice Act (RJA) ensures that race or ethnicity cannot be used as a basis for convictions or sentencing. Under Penal Code §745, defendants have the right to challenge evidence, testimony, or prosecutorial practices that are racially biased or discriminatory. This law is a landmark in holding attorneys accountable for any racial biases they may bring into legal proceedings. 

Key provisions of the RJA include the right to contest cases where:

• Racially biased language is used in court to sway the jury. 
• A defendant’s race or ethnicity is improperly highlighted or referenced in connection to stereotypes. 
• A significant racial disparity exists in convictions or sentencing for similar cases involving other racial groups. 

By introducing this legislative measure, California empowers accused individuals to spotlight and challenge racial discrimination during their trials and sentencing. 

People v. Stubblefield 

Dana William Stubblefield, a former NFL player, faced charges related to the forcible rape of Jane Doe, an intellectually disabled woman who had visited his home for a job interview. After the encounter, Doe immediately went to the police, alleging that Stubblefield had assaulted her at gunpoint. However, law enforcement did not search Stubblefield’s home, and no firearms were introduced as evidence during the trial. During the prosecution’s closing argument, they responded to defense claims—suggesting that had police searched Stubblefield’s home, no firearms would have been found—by asserting that police hesitated to search the home of a prominent Black man, particularly after Doe failed to identify him in a photograph. The prosecutor’s remarks included the statement, “[c]an you imagine in Morgan Hill when they search an African-American,” which prompted an objection from defense counsel. The objection was sustained, but the court did not instruct the jury regarding the statement. Ultimately, the jury convicted Stubblefield on charges of forcible rape, forcible oral copulation, and false imprisonment, with the first two offenses involving a firearm. Stubblefield subsequently appealed, arguing that the prosecution’s comments about his race violated the California Racial Justice Act (RJA).

The appellate court reversed, vacated, and remanded the case. Under Section 745(a)(2) of the California Racial Justice Act (RJA), a violation occurs when an attorney’s language during a trial uses “racially discriminatory language” about the defendant, regardless of intent. According to the RJA, such language includes words that, to an objective observer, either explicitly or implicitly appeal to racial bias. The court observed that the prosecutor explicitly referenced Stubblefield’s race twice and linked it to law enforcement’s decision-making process. These statements, the court determined, encouraged the consideration of race in evaluating the evidence. Based on the preponderance of evidence, the court concluded that the RJA had been violated. This violation was deemed not a harmless error, leading to the conviction and sentence being vacated and the case remanded for new proceedings.

Protecting the Rights of the Accused 

When racial discrimination enters the courtroom, it can have devastating consequences on the accused. For instance, prosecutors may attempt to evoke racial stereotypes to manipulate a jury’s perception of the defendant. Even indirect comments related to ethnicity or cultural bias can cast the accused in an unfair light, potentially leading to wrongful convictions. 

The laws in California aim to restore balance and ensure that all individuals are evaluated based on evidence, not prejudice. This is critical because even accusations rooted in bias can tarnish reputations, fracture families, and result in years lost to wrongful imprisonment.  

Practical Steps for Accused Individuals 

Navigating a criminal trial when race has been improperly leveraged can feel overwhelming. Accused individuals must take proactive steps to challenge these injustices. 

For Accused Individuals:

1. Communicate with a Wallin & Klarich Attorney: If you feel that your race is being used against you or if you’ve experienced implicit or explicit bias from prosecutors, contact Wallin & Klarich immediately to build a strong legal defense. 
2. Document Evidence: Maintain a record of language, questions, or practices that seem racially motivated. 
3. Know Your Rights: Familiarize yourself with the Racial Justice Act and other protections that ensure fairness in your trial. Knowledge is power. Our skilled criminal defense attorneys will help ensure that you understand your rights to help ensure you can make informed decisions.

By taking these steps, accused individuals and their legal teams can challenge racial attacks and ensure the focus remains squarely on the facts of the case. 

Justice Without Prejudice 

At its core, the justice system exists to ensure fair treatment for all individuals—regardless of race, background, or social standing. California’s laws, particularly the Racial Justice Act, represent significant progress toward achieving this goal. However, challenges remain. Systemic biases are deeply rooted and won’t disappear overnight. 

For the accused, understanding your rights is paramount. If you believe the justice system is failing you due to racial bias, don’t hesitate to contact Wallin & Klarich. The legal protections in place are there to serve you, and you don’t have to face this fight alone. 

Contact Wallin & Klarich Today  

If you believe you are facing criminal charges because of your race, contact our aggressive criminal defense attorneys at Wallin & Klarich immediately. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients avoid criminal convictions and avoid serving prison or jail sentences. We know the most effective strategies to argue for you, and we will do everything we can to help you achieve the best possible result in your case.

Wallin & Klarich has offices throughout Southern California including Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Also, our law firm can handle many types of criminal cases statewide.

Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free phone consultation with a skilled defense attorney near you.

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