ristaino ross argued decided march absent circumstances comparable significance existing ham south carolina examination veniremen voir dire racial prejudice held constitutionally required instant case involved prosecution respondent negro violent crimes white security guard respondent show circumstances thus error constitutional dimensions state trial judge questioned veniremen general bias prejudice declined question specifically racial prejudice pp reversed powell delivered opinion burger stewart blackmun rehnquist joined white filed statement concurring result post marshall filed dissenting opinion brennan joined post stevens took part consideration decision case barbara smith assistant attorney general massachusetts argued cause petitioners briefs francis bellotti attorney general john irwin david mills assistant attorneys general michael west appointment argued cause filed brief respondent justice powell delivered opinion respondent negro convicted state violent crimes white security guard trial judge denied respondent motion question specifically directed racial prejudice asked voir dire addition customary questions directed general bias prejudice narrow issue whether recent decision ham south carolina respondent constitutionally entitled require asking question specifically directed racial prejudice broader issue presented whether ham announced requirement applicable whenever may confrontation criminal trial persons different races different ethnic origins answer questions negative respondent james ross tried massachusetts two negroes armed robbery assault battery means dangerous weapon assault battery intent murder victim alleged crimes white man employed boston university uniformed security guard voir dire prospective jurors conducted required statute inquire generally prejudice see infra defendant represented separate counsel made written motion prospective jurors also questioned specifically racial prejudice defendant also moved veniremen asked affiliations law enforcement agencies trial judge consulted counsel defendants motions tentatively indicating felt purpose accomplished asking questions instance judge invited views counsel thought something donnelly counsel codefendant said might wanted record something peculiar case peculiar circumstances operating perhaps want say open anything peculiar donnelly donnelly fact victim white defendants black unfortunately problem us hope pray jurors take oaths seriously understand spirit oath understand spirit says judge anyway sure judges take time impress upon trial verdict oath means says decide case evidence extraneous considerations believe best done respect problems said regard extremely important app voir dire five panels prospective jurors commenced trial judge briefly familiarized panel facts case omitting reference racial matters explained panel clerk ask general question impartiality question affiliations law enforcement agencies consistently announced intention impress upon jurors decide case evidence extraneous considerations judge preceded questioning panel extended discussion obligations jurors remarks clerk posed questions indicated panel panelists answering question affirmatively questioned individually bench judge presence counsel procedure led excusing veniremen cause grounds prejudice including one panelist admitted racial bias jury eventually impaneled convicted defendant counts direct appeal ross contended federal constitutional rights violated denial request prospective jurors questioned specifically racial prejudice contention rejected judicial massachusetts commonwealth ross mass ross sought writ certiorari petition pending held ham trial failure request question veniremen specifically racial prejudice denied ham due process law granted ross petition certiorari remanded reconsideration light ham judicial affirmed ross conviction commonwealth ross mass reasoned ham turned need questions racial prejudice presented facts announce new broad constitutional principle requiring questions put prospective jurors state criminal trials defendant black ross sought certiorari writ denied present case ross renewed contention collateral attack federal habeas corpus relying ham district granted writ habeas corpus appeals first circuit affirmed appeals assumed ham turned facts held facts ross case involving violence white status close police officer presented need specific questioning racial prejudice similar ham think appeals read ham broadly ii constitution always entitle defendant questions posed voir dire specifically directed matters conceivably might prejudice veniremen ham supra voir dire conducted supervision great deal must necessity left sound discretion connors see ham supra aldridge determination impartiality demeanor plays important part particularly within province trial judge rideau louisiana clark dissenting thus state obligation defendant impanel impartial jury generally satisfied less inquiry specific prejudice feared defendant ham supra ham however recognized cases may present circumstances impermissible threat fair trial guaranteed due process posed trial refusal question prospective jurors specifically racial prejudice voir dire ham involved negro tried south carolina courts possession marihuana well known locale trial civil rights activist defense law enforcement officials framed narcotics charge get activities despite circumstances trial judge denied ham request voir dire include questions specifically directed racial prejudice reversed judgment conviction essential fairness required due process clause fourteenth amendment requires facts shown record defendant permitted jurors interrogated voir dire issue racial bias terms ham announce requirement universal applicability rather reflected assessment whether circumstances presented constitutionally significant likelihood absent questioning racial prejudice jurors indifferent stand unsworne coke littleton ed approach ham consistent determinations state denied defendant due process failing impanel impartial jury see irvin dowd rideau louisiana supra turner louisiana cf avery georgia circumstances ham strongly suggested need voir dire include specific questioning racial prejudice ham defense framed civil rights activities prominence community civil rights activist already known veniremen inevitably revealed members jury course presentation defense racial issues therefore inextricably bound conduct trial ham reputation civil rights activist defense interposed likely intensify prejudice individual members jury might harbor circumstances deemed voir dire included questioning specifically directed racial prejudice sought ham necessary meet constitutional requirement impartial jury impaneled agree appeals need question veniremen specifically racial prejudice also rose constitutional dimensions case mere fact victim crimes alleged white man defendants negroes less likely distort trial special factors involved ham victim status security officer also relied upon appeals cited respective defense counsel primarily separate source prejudice aggravating racial factor see supra trial judge dealt question affiliations circumstances thus suggest significant likelihood racial prejudice might infect ross trial made clear trial judge ross unable support motion concerning voir dire pointing racial factors existed ham others comparable significance circumstances trial judge acted within constitution determining demands due process satisfied generalized thorough inquiry impartiality veniremen accordingly judgment reversed footnotes donnelly one thing reference make facts case victim white security guard uniform acting policeman newman counsel ross think factor might suggest question series questions asking jurors whether relatives policemen going adopt newman suggestion double problem problem skin color also problem someone quasi policeman going ask question area relations police questions substance following related defendants victim interest case formed opinion sensible bias prejudice make known time presently past worked police department district attorney office relative engaged work addressed one panel part follows nder oath absolute duty render fair impartial verdicts sic based upon evidence hear courtroom extraneous factors clerk asking first question giving opportunity inform believe render fair impartial verdict evidence case giving opportunity inform serious doubt whether render fair impartial verdict evidence case question oath question asked believe render fair impartial verdict evidence case doubt whether render fair impartial verdict evidence case duty inform question asked standing raising hand app least venireman knew defendants negroes see member first panel questioned record shows immediately questioning panel defendants directed stand set bar tried appears formality pursued questioning first panel cf nothing record lodged indicates whether veniremen panels knew defendants negroes although presumably defendants remained courtroom throughout questioning criminal defendant state guaranteed impartial jury sixth amendment applicable fourteenth amendment duncan louisiana principles due process also guarantee defendant impartial jury see irvin dowd questions proposed ham fairly try case basis evidence disregarding defendant race prejudice negroes black people influenced use term black defending judgment appeals ross argues sweeping per se rule least crimes violence involved require defense motions voir dire racial prejudice granted case defendant different race victim require similar result whenever defendant sought voir dire racial prejudice race adverse witnesses tr oral arg note per se rule principle limited cases involving possible racial prejudice apply equal force whenever voir dire questioning ethnic origins sought logic encompass questions concerning factors religious affiliation national origin see aldridge heterogeneous society policy well constitutional considerations militate divisive assumption per se rule justice law may turn upon pigmentation skin accident birth choice religion see connors although hold voir dire questioning directed racial prejudice constitutionally required wiser course generally propound appropriate questions designed identify racial prejudice requested defendant supervisory power required much federal faced circumstances see aldridge supra cf walker cert denied booker also free allow require questions demanded constitution fact judicial massachusetts suggested guidelines massachusetts trial courts questioning racial prejudice voir dire commonwealth lumley mass commonwealth ross mass facts resemble many respects aldridge supra overturned conviction negro murder white policeman federal trial judge refused defendant request venire questioned racial prejudice ham relied part aldridge finding inquiry racial prejudice voir dire sought ham constitutional stature aldridge one factor relevant constitutional decision ham rely directly precedential force rather noted aldridge expressly grounded upon constitutional requirement light holding today actual result aldridge recognized exercise supervisory power federal courts cf supra justice white concurs result ground ham south carolina announced new constitutional rule applicable federal state criminal trials rule applied retroactively cases involving trials occurred prior decision ham justice marshall justice brennan joins dissenting refused review affirmance direct appeal ross conviction dissenting refusal observed deny petition certiorari see decision ham south carolina stillborn write epitaph essential demands fairness recognized years ago aldridge today reversing appeals affirmance district grant writ habeas corpus emphatically confirms promises inherent ham aldridge fulfilled reasons expressed dissent earlier denial certiorari join confirmation accordingly respectfully dissent