Commonwealth v. Foster

Opinion by

Packel, J.,

Justice should be impartial but that does not mean that in the course of its administration judges must be color-blind. Nevertheless, the president judge of the court below, in approving a denial of voir dire questioning on racial discrimination stated: “The law should be color-blind and the less we get into questions of race, the better off we all would be.” To sweep under the rug, figuratively, the reality of life that racial prejudice exists can prevent a defendant from obtaining a fair trial.

The black appellant had been tried by an all white jury. His attorney made a…