Ross v. Massachusetts

Background

A Black man was convicted in Massachusetts state court of armed robbery and related violent charges after an incident involving a white, uniformed security guard at Boston University. At his trial he and his codefendants were young Black men. The accused asked the judge to put a specific question to prospective jurors about whether they believed white people are more likely to tell the truth than Black people. The judge refused and asked only the general, statutorily required questions about bias. State courts upheld the conviction on two separate reviews.

Reasoning

The Supreme Court denied the request to review the state court’s decision, leaving the trial judge’s refusal in place. In a dissent, Justice Marshall (joined by Justices Douglas and Brennan) argued the denial was wrong. He said earlier Supreme Court decisions require that jurors be specifically asked about racial prejudice when that issue is raised. The dissent emphasized that the protection against biased jurors applies broadly and cannot be restricted to defendants who prove they are a special target of prejudice.

Real world impact

Because the Court refused to take the case, the state conviction remains in effect and the particular jury-questioning practice was allowed to stand in this case. The decision does not resolve the larger legal conflict nationally; it leaves open whether trial judges must ask specific race-related questions in similar cases and whether higher courts will enforce that rule in later appeals.

Dissents or concurrances

Justice Marshall’s dissent explains why he would have granted review and required specific juror questioning about racial bias, stressing fairness and prior precedents.