Ham v. South Carolina

In Ham v. South Carolina, 409 U.S. 524, 93 S. Ct. 848, 35 L. Ed. 2d 46 (1973), the Supreme Court explained the kind of circumstances that would require questioning prospective jurors to ensure the jury remains "indifferent" and able to render an unbiased decision. The defendant was an African-American civil rights activist accused of marijuana possession. His defense was that law enforcement officers had framed him in retaliation for his civil rights activities and because of his race. The trial court denied the defendant's request to ask questions of prospective jurors concerning racial prejudice. The Supreme Court held the defendant was constitutionally entitled to question prospective jurors about their possible racial prejudice when the factual circumstances of the case raised a "reasonable possibility" that racial prejudice could influence the jury.