"The ACLU of Northern California asked the county Superior Court to order District Attorney Jeff Rosen and his office to turn over a decade's worth of records detailing when prosecutors chose to and declined to charge crimes and who made the call, as well as accompanying information such as race and other demographic markers. The civil-liberties group contends that the data which it has sought from DA's offices throughout the state is necessary to identify whether and how race has influenced prosecutions"
"The landmark California law, which was enacted in 2021 and originated in the South Bay, provides relief for criminal defendants who can show they were prejudiced by explicit or systemic racial bias in their charges, convictions, or sentences. To date, courts have reversed serious convictions under the law, including murder and rape cases in the Bay Area. But violations have almost entirely involved explicit or demonstrative bias,"
ACLU of Northern California filed suit seeking a decade of prosecutorial charging records from the Santa Clara County District Attorney's Office, including when charges were filed or declined, who made those decisions, and demographic details such as race, neighborhood, financial status and criminal history. The group says the data is needed to detect whether race systematically influences charging, sentencing severity, pretrial jailing, legal defense adequacy, or access to diversion and plea leniency under the Racial Justice Act. Prosecutors warn that releasing the records could jeopardize privacy for thousands. The ACLU plans to use the California Public Records Act and to assist public defenders in bringing Racial Justice Act claims.
Read at www.mercurynews.com
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