Can a juror be found guilty of contempt of court for questioning prospective jurors on the subject of racial prejudice?

California, United States of America


The following excerpt is from Hawk v. Superior Court, 116 Cal.Rptr. 713, 42 Cal.App.3d 108 (Cal. App. 1974):

Although Jurors may properly be interrogated upon the subject of racial prejudice (Ham v. South Carolina, 409 U.S. 524, 93 S.Ct. 848, 35 L.Ed.2d 46), petitioner's reference to the prosecution's lawful exercise of a peremptory challenge as an 'act of absolute white racism,' after repeated admonishments by the court not to attempt to influence prospective jurors by the interjection of prejudicial comments into the jury [42 Cal.App.3d 121] selection proceedings, constituted a contempt of the authority of the court (Code Civ.Proc. 1209, subd. 5). 12

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