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Civil Rights

Mar. 6, 2024

Does Racial Justice Act need to do a better job of defining implicit bias?

There’s much left to be clarified when it comes to the Racial Justice Act, but commentators are split over whether that job should fall to the courts or legislators.

Does Racial Justice Act need to do a better job of defining implicit bias?
Former San Francisco DA Chesa Boudin in 2022 (New York Times News Service)

Lawyers are split over whether recent cases highlighting judicial confusion over the scope of bias prohibited under California's Racial Justice Act require further amendment to the law to make it clear what factors need to be considered.

Their comments came after a unanimous three-judge panel of the 4th District Court of Appeal found that San Diego County Superior Court Judge Howard Shore failed to account for evidence that the traffic st...

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