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Ham v. South Carolina

United States Supreme Court

409 U.S. 524 (1973)

Relevant factsFree

Ham (defendant), a bearded African American civil rights activist, was convicted of marijuana possession after arguing at trial that he had been framed by police who were "out to get him." Before trial, Ham asked the judge to ask potential jurors specific voir dire questions about bias against African Americans and against people with beards. The judge refused, asking only general questions about bias. The state supreme court rejected Ham's constitutional challenge, and the U.S. Supreme Court granted certiorari.

IssueFree

Whether a defendant's constitutional rights are violated when the trial judge, despite a timely request, fails to question potential jurors about possible racial prejudice.

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