The Racial Justice Act: A Real Solution or a Just Step in the Right Direction?

The American criminal legal system is built upon racism and inequality. Some effort has been made to critique and correct the impact of those legacies. Although many steps have been taken, racism is far from erased from the legal apparatus. It demands contemporary solutions to contemporary legal dynamics. One of the attempts is the California Racial Justice Act of 2020 (RJA). The RJA has sought to remedy these challenges with a more robust understanding of how racism operates within the criminal legal system. Although the RJA appears to reflect a more nuanced understanding of how race operates, I argue that it is not a sufficient redress to the problems embedded in the system. I illustrate the limitations of the RJA by framing it as a reformist measure in contrast to the more substantial paradigmatical shift of abolition which seeks to deconstruct these oppressive systems rather than simply remedy partial issues therein. I argue that abolition is the necessary remedy for ridding the legal system of oppression and racism by highlighting the historical conditions upon which the modern legal system was built and the inextricable relationship between such a system and racial discrimination. First, I detail the aspirations of the RJA and contrast its goals with how the Act has performed in practice. Then, drawing upon critical legal frameworks and personal experiences with RJA advocacy work, I elucidate how the RJA could operate ideally, but demonstrate that it is still inadequate to address the needs of the people who are incarcerated and those facing trial.