California’s Racial Justice Act and a Prosecutor’s Racially Discriminatory Language in Jury Arguments

By Robert Phillips

Deputy District Attorney (ret.)

Legal Concepts and Case Citation

California’s Racial Justice Act (RJA), Penal Code §745

The use of racially discriminatory language in a prosecutor’s argument to a jury

People v. Stubblefield (Dec. 26, 2024), Cal.App.5th [2024 Cal.App. LEXIS 834]

Rule: California’s Racial Justice Act (RJA), Penal Code §745, prohibits the use of racially discriminatory language in a prosecutor’s argument to a jury.

Facts: Defendant Dana William Stubblefield is a former professional football player in the National Football League. He was also, at the time of this alleged crime, a 44-year-old, 6-foot 3-inch tall, 340-pound Black man, living with his wife and two children in his Morgan Hill, California, home. Jane Doe is an intellectually disabled, 31-year-old, 5-foot 3inch tall, 125-pound woman, living with her mother in nearby Hollister. Doe’s scores in IQ tests were in the bottom two percentile and ....