“What’s in the car hombre?”: Body-worn Cameras, RJA Appeals, and Using Research to Contextualize Racist Interactions with Police

• In Event: ASC Presidential Panel: Racial Justice Act

Abstract

Body-worn cameras now capture a significant portion of police stops and arrests on video, and much of that footage is valuable for defendants who have been discriminated against in their legal proceedings. When examined with a knowledge of how people of color experience the criminal justice system, such footage can illustrate how individual encounters with police may actually represent instances of broader, systemic, and well-documented patterns of racial bias or discrimination. In this presentation, we discuss how the Santa Clara County Public Defender’s Office works with academic researchers to craft legal appeals under the Racial Justice Act for defendants whose convictions were influenced by racial bias. Specifically, we will explain how public defenders incorporate researchers and their expertise into the appeals process, and how academic skill sets translate into offering expert opinions.

Authors

• Patrick Lopez-Aguado, Santa Clara University

• Karina Alvarez, Santa Clara County Public Defender’s office