ham south carolina argued november decided january petitioner civil rights worker claims trial resulting drug conviction affirmed south carolina fair trial refusal examine jurors voir dire possible prejudice arising fact petitioner negro wears beard held trial refusal make inquiry jurors racial bias petitioner timely request therefore denied petitioner fair trial violation due process clause fourteenth amendment refusal inquire particular bias beards make inquiries bias general constitutional error pp reversed rehnquist delivered opinion burger brennan stewart white blackmun powell joined douglas post marshall post filed opinions concurring part dissenting part jonathan shapiro argued cause petitioner brief jack greenberg james nabrit iii anthony amsterdam timothy quinn assistant attorney general south carolina argued cause respondent brief daniel mcleod attorney general justice rehnquist delivered opinion petitioner convicted south carolina trial possession marihuana violation state law sentenced months confinement appeal conviction affirmed divided south carolina granted certiorari limited question whether trial judge refusal examine jurors voir dire possible prejudice petitioner violated latter federal constitutional rights petitioner young bearded negro lived life florence county south carolina appears well known locally work civil rights activities southern christian leadership conference committee city florence never previously convicted crime basic defense trial law enforcement officers get civil rights activities framed drug charge prior trial judge voir dire examination prospective jurors petitioner counsel requested judge ask jurors four questions relating possible prejudice petitioner first two questions sought elicit possible racial prejudice negroes third question related possible prejudice beards fourth dealt pretrial publicity relating drug problem trial judge putting prospective jurors three general questions bias prejudice partiality specified south carolina statutes declined ask four questions posed petitioner dissenting justices south carolina thought decision aldridge binding state negro tried murder white policeman requested prospective jurors asked whether entertained racial prejudice reversed judgment conviction trial judge refusal make inquiry chief justice hughes writing stated essential demands fairness required trial judge circumstances case interrogate veniremen respect racial prejudice upon request counsel negro criminal defendant opinion relied upon number state holdings throughout country effect expressly grounded upon constitutional requirement since one purposes due process clause fourteenth amendment insure essential demands fairness lisenba california since principal purpose adoption fourteenth amendment prohibit invidiously discriminating basis race cases wall think fourteenth amendment required judge case interrogate jurors upon subject racial prejudice south carolina law permits challenges cause authorizes trial judge conduct voir dire examination potential jurors state created statutory framework selection juries essential fairness required due process clause fourteenth amendment requires facts shown record petitioner permitted jurors interrogated issue racial bias cf groppi wisconsin bell burson agree dissenting justices south carolina trial judge required put question particular form ask particular number questions subject simply requested petitioner aldridge pains point context authority within federal system courts allows good deal closer supervision fourteenth amendment trial broad discretion questions asked discretion form number questions permitted due process clause fourteenth amendment least broad context either brief general questions urged petitioner appear sufficient focus attention prospective jurors racial prejudice might entertain third petitioner proposed questions addressed fact wore beard say prejudice people beards might harbored one potential jurors case beginning end inquiry whether fourteenth amendment required trial judge interrogate prospective jurors possible prejudice given traditionally broad discretion accorded trial judge conducting voir dire aldridge supra inability constitutionally distinguish possible prejudice beards host possible similar prejudices believe petitioner constitutional rights violated trial judge refused put question inquiry racial prejudice derives constitutional stature firmly established precedent aldridge numerous state cases upon relied principal purpose well language adopted fourteenth amendment trial judge refusal inquire particular bias beards inquiries bias general reach level constitutional violation petitioner final question related allegedly prejudicial pretrial publicity record us contains neither newspaper articles description television program question lack material record substantiating pretrial publicity prejudicial petitioner occasion determine merits request question posed voir dire trial refusal make inquiry racial bias prospective jurors petitioner timely request therefor judgment south carolina reversed footnotes four questions sought asked following fairly try case basis evidence disregarding defendant race prejudice negroes black people influenced use term black disregard fact defendant wears beard deciding case watch television show local drug problem days ago local policeman appeared long time heard show read heard recent newspaper articles effect local drug problem bad try case solely basis evidence presented courtroom influenced circumstances prosecution witness police officer publicly spoken tv drugs code three questions asked prospective jurors case substance following formed expressed opinion guilt innocence defendant gene ham conscious bias prejudice give state defendant fair impartial trial record indicates brief colloquy petitioner counsel trial judge former apparently offered newspaper accounts editorial support request question propounded judge responded consider items submitted prejudicial south carolina discussing prejudicial publicity context petitioner claim entitled change venue stated two newspaper clippings one editorial concerning drug abuse name defendant refer way trial justice douglas concurring part dissenting part concur portion majority opinion holds trial judge constitutionally compelled inquire possibility racial prejudice voir dire think however abuse discretion trial judge preclude defendant inquiry prospective jurors prejudice hair growth explored unquestioned defendant constitutional right trial neutral impartial jury criminal convictions reversed limitations voir dire unreasonably infringed exercise right aldridge reversals limited incidents defendant precluded inquiring possible racial prejudice morford dennis defendants held right inquire possible prejudices concerning defendants alleged ties communist party aldridge supra made clear voir dire aimed disclosing prejudices serious character must allowed prejudices involving hair growth unquestionably serious character nothing indicative importance currently attached hair growth general populace barrage cases reaching courts evidencing attempt one segment society officially control plumage another issue student right wear long hair alone well reported cases olff east side union high school addition issue plumage surfaced context roberts general mills supp nd ohio conard goolsby supp nd miss well military area friedman froehlke prejudices invoked mere sight hair growth deeply felt hair growth symbolic many rebellion traditional society disapproval way current power structure handles social problems taken affirmative declaration individual commitment change social values nonconventional hair growth may become real personal threat support status quo people nonconventional hair growth symbolizes undesirable lifestyle characterized unreliability dishonesty lack moral values communal communist tendencies assumption drug use defendant especially one prosecuted illegal use drugs allowed even make minimal inquiry expose prejudices expected receive fair trial since hair growth outward manifestation many people determine whether apply prejudices individual deny defendant right examine aspect prospective juror personality deny effective means voir dire examination justice marshall concurring part dissenting part concur portion majority opinion holds trial judge constitutionally compelled inquire possibility racial prejudice voir dire also agree record say judge required ask questions pretrial publicity agree however judge acted properly totally foreclosing reasonable relevant avenues inquiry possible prejudice long sixth amendment made applicable due process clause fourteenth amendment see duncan louisiana held right impartial jury basic system justice essence right jury trial guarantees criminally accused fair trial panel impartial indifferent jurors failure accord accused fair hearing violates even minimal standards due process language lord coke juror must indifferent stands unsworne litt verdict must based upon evidence developed trial cf thompson city louisville true regardless heinousness crime charged apparent guilt offender station life occupies written law early chief justice marshall burr trial theory law juror formed opinion impartial reynolds irvin dowd omitted never suggested right impartiality fairness protects certain classes prejudice extends certain groups population makes little difference criminal defendant whether jury prejudged color skin length hair either event deprived right present case neutral detached observers capable rendering fair impartial verdict unsurprising invalidated decisions reached juries wide variety different prejudices see witherspoon illinois irvin dowd supra morford moreover also held right impartial jury carries concomitant right take reasonable steps designed insure jury impartial variety techniques available serve end see groppi wisconsin sheppard maxwell perhaps important jury challenge see johnson louisiana opinion powell swain alabama indeed first justice harlan speaking unanimous thought right challenge one important rights secured accused ny system empanelling jury prevents embarrasses full unrestricted exercise accused right must condemned pointer see also lewis course right challenge little meaning unaccompanied right ask relevant questions voir dire upon challenge cause predicated see swain alabama supra reason held reservation opportunity prove actual bias guarantee defendant right impartial jury dennis reversed criminal convictions right query voir dire unreasonably infringed see aldridge contrary majority suggestion reversals confined cases defendant prevented asking racial prejudice see morford supra cf dennis supra mean suggest defendant must permitted propound question limitless time must devoted preliminary voir dire although defendant interest jury free prejudice strong countervailing state interests expeditious conduct criminal trials avoidance jury intimidation interests bulk larger possibility uncovering prejudice becomes attenuated trial judge broad discretion refuse ask questions irrelevant vexatious thus claimed prejudice novel character judge might require preliminary showing relevance possible prejudice allowing questions broad judge discretion matters think clear abused case defense attorney wished ask four questions required scant additional minutes time inquiries directed inter alia possible prejudice people beards obviously relevant since defendant fact bearded moreover judge afforded petitioner opportunity show significant number potential jurors might prejudiced people beards minimum think opportunity provided believe circumstances absolute ban questions designed uncover prejudice represents proper balance competing demands fairness expedition may permitting slightly extensive voir dire examination put additional burden administration justice chief justice hughes argued years ago far injurious permit thought persons entertaining disqualifying prejudice allowed serve jurors inquiries designed elicit fact disqualification barred surer way devised bring processes justice disrepute aldridge therefore hold defendant case subject limitations set constitutionally protected interest judge propound additional question form jury indeed confined aldridge upon majority heavily relies aldridge pointed right examine jurors voir dire existence disqualifying state mind upheld respect races black race relation religious prejudices serious character also agree majority judge may properly decline ask question particular form ask particular number questions subject