Beware Explicit and Implicit Bias: The California Racial Justice Act Has No Tolerance for Racism

• Racial Justice Act, Penal Code §745 
• Explicit and implicit racial biases in the courtroom 

California’s Racial Justice Act, as contained in Penal Code §745, prohibits investigative practices as well as the use of evidence or trial tactics exhibiting explicit and implicit racial biases in a criminal investigation or criminal trial. 

Defendant Akeem Simmons, in Philadelphia, and nightclub disc jockey Danny Graves, in Los Angeles, were friends. Graves was also Simmons’ supplier of marijuana in late 2017 to early 2018. Simmons is a Black man who was a barber in Philadelphia, selling marijuana on the side to supplement his income. He frequently traveled to Los Angeles to socialize with Graves, and to buy drugs. When in L.A., Simmons and Graves would hook up with friends, meeting and dating women.  

Simmons gave Graves $10,000 on one such visit for the purchase of marijuana. Graves passed this money onto his supplier who failed to deliver, interrupting the supply chain. Although Graves was eventually able to secure 22 pounds of marijuana for Simmons, this didn’t cover the amount of money that had been lost. Simmons was not happy. In March and May of 2018, Simmons unsuccessfully tried to kill Graves, shooting at him but missing the first time, and ....