Commonwealth v. Sanders, 421 N.E.2d 436 (Mass. 1981). · Go Syfert
Commonwealth v. Sanders, 421 N.E.2d 436 (Mass. 1981). Cases Citing This Book View Copy Cite
“judge has broad discretion as to the questions to be asked, and need not put the specific questions proposed by the defendant”
138 citation events (26 in the last 25 years) across 7 distinct courts.
Strongest positive: Commonwealth v. Espinal (mass, 2019-05-06)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (quoted) Commonwealth v. Espinal (2×)
Mass. · 2019 · signal: see · quote attribution · 2 verbatim quotes · confidence high
judge has broad discretion as to the questions to be asked, and need not put the specific questions proposed by the defendant
discussed Cited as authority (rule) Commonwealth v. Terrance Montgomery
Mass. · 2025 · confidence medium
Aside from certain categories of mandatory questions, see Espinal, 482 Mass. at 195-196 , "[a] judge has broad discretion as to the questions to be asked," id. at 195 , quoting Commonwealth v. Sanders, 383 Mass. 637, 641 (1981).
discussed Cited as authority (rule) Commonwealth v. Leonard
Mass. App. Ct. · 2023 · confidence medium
It is settled that though the judge must determine that jurors are impartial, the "judge has broad discretion as to the questions to be asked, and need not put the specific questions posed by the defendant." Commonwealth v. Morales, 440 Mass. 536, 548-549 (2003), quoting 8 Commonwealth v. Sanders, 383 Mass. 637, 641 (1981).
discussed Cited as authority (rule) Commonwealth v. Carvalho
Mass. App. Ct. · 2016 · confidence medium
L. c. 234, § 28, and limited special circumstances identified in such cases as Commonwealth v. Sanders, 383 Mass. 637, 640-641 (1981) (interracial rape); Commonwealth v. Flebotte, 417 Mass. 348 , 355 *845 (1994) (sexual offenses against minors); Commonwealth v. Seguin, 421 Mass. 243, 245-249 (1995) (insanity defense), a trial judge retains broad discretion in determining how a jury will be selected and which questions will be posed to members of the venire.
discussed Cited as authority (rule) Commonwealth v. Reavis
Mass. · 2013 · confidence medium
See Commonwealth v. Young, 401 Mass. 390, 398 (1987), overruled in part on another ground, Commonwealth v. Ramirez, 407 Mass. 553, 555 (1990) (interracial murder); Commonwealth v. Hobbs, 385 Mass. 863, 873 (1982) (interracial sex offenses against children); Commonwealth v. Sanders, 383 Mass. 637, 640-641 (1981), overruled in part on another ground, Commonwealth v. Ramirez, supra (interracial rape).
discussed Cited as authority (rule) Commonwealth v. Keohane
Mass. · 2005 · confidence medium
L. c. 234, § 28, the “judge has broad discretion as to the questions to be asked, and need not put the specific questions proposed by the defendant.” Commonwealth v. Sanders, 383 Mass. 637, 641 (1981).
cited Cited as authority (rule) Commonwealth v. Pring-Wilson
Mass. Super. Ct. · 2005 · confidence medium
The new rule in Commonwealth v. Sanders, 383 Mass. 637, 640-41 (1981), called for individual voir dire of prospective jurors as to racial prejudice in cases involving interracial rape.
discussed Cited as authority (rule) Commonwealth v. Lao
Mass. · 2005 · confidence medium
See Commonwealth v. Young, 401 Mass. 390, 398 (1987), overruled in part on another ground in Commonwealth v. Ramirez, 407 Mass. 553, 555 (1990) (interracial murder); Commonwealth v. Sanders, 383 Mass. 637, 640-641 (1981), overruled in part on another ground in Commonwealth v. Ramirez, supra (interracial rape); Commonwealth v. Hobbs, 385 Mass. 863, 873 (1982) (interracial sexual offenses against children).
discussed Cited as authority (rule) Commonwealth v. Dagley
Mass. · 2004 · confidence medium
See, e.g., Commonwealth v. Rosario, 422 Mass. 48, 56 (1996) (prospectively adopting six-hour safe harbor period for interrogation postarrest and prearraignment); Commonwealth v. Young, 401 Mass. 390, 398 (1987) (prospectively requiring individual juror voir dire on subject of racial prejudice in cases involving interracial murder); Commonwealth v. Sanders, 383 Mass. 637, 640-641 (1981) (prospectively requiring individual juror voir dire on subject of racial prejudice in cases involving interracial rape).
discussed Cited as authority (rule) Commonwealth v. Lopes
Mass. · 2004 · confidence medium
See Commonwealth v. Young, 401 Mass. 390, 398 (1987), overruled in part on another ground in Commonwealth v. Ramirez, 407 Mass. 553, 555 (1990) (interracial murder); Commonwealth v. Sanders, 383 Mass. 637, 640-641 (1981), overruled in part on another ground in Commonwealth v. Ramirez, supra (interracial rape); Commonwealth v. Hobbs, 385 Mass. 863, 873 (1982) (interracial sexual offenses against children).
cited Cited as authority (rule) Commonwealth v. Morales
Mass. · 2003 · confidence medium
Otherwise, the “judge has broad discretion as to the questions to be asked, and need not put the specific questions proposed by the defendant.” Commonwealth v. Sanders, 383 Mass. 637, 641 (1981).
discussed Cited as authority (rule) Commonwealth v. Whiting
Mass. App. Ct. · 2003 · confidence medium
In doing so, we contrasted Commonwealth v. Washington, 402 Mass. 769, 772-773 (1988) (failure to comply with Commonwealth v. Sanders, 383 Mass. 637, 640-641 [1981], required reversal of African-American defendant’s conviction for robbery of two white females where he presented three alibi witnesses and other evidence to discredit victims’ identifications of defendant), with Commonwealth v. A Juvenile (No. 2), 396 Mass. 215, 225 (1985) (error in conducting voir dire about racial prejudice did not require reversal where evidence of guilt was overwhelming and defendant’s exculpatory testimo…
discussed Cited as authority (rule) Commonwealth v. Kater
Mass. · 2000 · confidence medium
Cf. Commonwealth v. Seguin, 421 Mass. 243, 247 (1995), cert. denied, 516 U.S. 1180 (1996) (insanity defense); Commonwealth v. Flebotte, supra at 353 (childhood sexual abuse); Commonwealth v. Young, 401 Mass. 390, 398 (1987) (interracial murder); Commonwealth v. Hobbs, 385 Mass. 863, 873 (1982) (interracial sexual offenses against children); Commonwealth v. Sanders, 383 Mass. 637, 640-641 (1981) (interracial rape).
cited Cited as authority (rule) Commonwealth v. Serrano
Mass. App. Ct. · 1999 · signal: cf. · confidence medium
Cf. Commonwealth v. Sanders, 383 Mass. 637, 638-640 (1981).
discussed Cited as authority (rule) Commonwealth v. LaFaille (2×)
Mass. · 1999 · confidence medium
We have held that a judge must examine jurors individually in cases involving interracial rape, Commonwealth v. Sanders, 383 Mass. 637, 640-641 (1981), interracial murder, Commonwealth v. Young, 401 Mass. 390, 398 (1987), and sexual offenses against children where the defendant and the child victim are of different races, Commonwealth v. Hobbs, supra at 873 .
discussed Cited as authority (rule) Commonwealth v. Lo
Mass. · 1998 · confidence medium
“The judge has broad discretion as to the questions to be asked, and need not put the specific questions proposed by the defendant.” Id. at 628 , quoting Commonwealth v. Sanders, 383 Mass. 637, 641 (1981).
cited Cited as authority (rule) Commonwealth v. Hunter
Mass. · 1998 · confidence medium
The rule is an extension of a similar rule for cases of interracial rape announced in Commonwealth v. Sanders, 383 Mass. 637, 640-641 (1981).
discussed Cited as authority (rule) Commonwealth v. Holloway (2×) also: Cited "see"
Mass. App. Ct. · 1998 · confidence medium
Because of the difference in the defendant’s and complainant’s races, however, the judge did conduct an individual voir dire to ferret out racial bias as required by Commonwealth v. Sanders, 383 Mass. 637, 640-641 (1981) (on request, in cases involving interracial rape, individual questioning regarding racial bias is required). 2 In the course of this, he indicated that “the case involves a charge of an alleged statutory rape.” In response to this information, two of the first three jurors volunteered personal information relating to members of their family who had been victims of sexu…
discussed Cited as authority (rule) Commonwealth v. Curtiss
Mass. App. Ct. · 1996 · confidence medium
Since here a white defendant is accused of raping a black woman, see ibid:, cf. Commonwealth v. Sanders, 383 Mass. 637, 640 (1981), 1 the judge was warranted in considering this to be such a case, and one where “the ‘diffused impartiality’ that comes from a diverse juiy is invaluable.” Commonwealth v. Fryar, 414 Mass. at 741 , quoting from Commonwealth v. Soares, 377 Mass. at 485 .
discussed Cited as authority (rule) Commonwealth v. Seguin
Mass. · 1995 · confidence medium
See Commonwealth v. Flebotte, 417 Mass. 348, 355-356 (1994) (on request, in any case involving sexual offenses against minor, individual voir dire required as to whether juror had been victim of childhood sexual offense); Commonwealth v. Young, 401 Mass. 390, 398 (1987), overruled in part on another ground in Commonwealth v. Ramirez, 407 Mass. 553, 555 (1990) (on request, individual voir dire required in case of interracial murder); Commonwealth v. Hobbs, 385 Mass. 863, 873 (1982) (on request, individual voir dire required in case involving interracial sexual offenses against children); Common…
discussed Cited as authority (rule) Commonwealth v. Flebotte
Mass. · 1994 · confidence medium
See Commonwealth v. Young, 401 Mass. 390, 398 (1987) (on motion of the defendant, individual voir dire of potential jurors is required in cases of interracial murder); Commonwealth v. Hobbs, 385 Mass. 863, 873 (1982) (individual voir dire of potential jurors mandatory in cases involving interracial sexual offenses against children when requested); Commonwealth v. Sanders, 383 Mass. 637, 640-641 (1981) (individual interrogation of jurors, when requested, required in cases of interracial rape).
cited Cited as authority (rule) Commonwealth v. Proulx
Mass. App. Ct. · 1993 · confidence medium
Commonwealth v. Sanders, 383 Mass. 637, 640 (1981).
discussed Cited as authority (rule) Commonwealth v. Grice (2×) also: Cited "see"
Mass. · 1991 · confidence medium
In Commonwealth v. Sanders, 383 Mass. 637, 640-641 (1981), we held as matter of law that cases involving interracial rape present a substantial risk that extraneous issues will influence the jury and that, in such cases, the judge must conduct an individual voir dire of the prospective jurors.
discussed Cited as authority (rule) Commonwealth v. Ramirez
Mass. · 1990 · confidence medium
The decision then has been the defendant’s to make.” (Footnote omitted.) In Commonwealth v. Sanders, 383 Mass. 637, 641 (1981), we repeated in dicta those “cautionary remarks” made in Lumley, supra. Then, in Commonwealth v. A Juvenile (No. 2), 396 Mass. 215, 223-225 (1985), we announced that a judge’s failure to conduct the cautionary colloquy could be reversible error although we did not hold that reversible error had occurred in that case.
discussed Cited as authority (rule) Commonwealth v. De La Cruz (2×)
Mass. · 1989 · confidence medium
Such examination ... shall be conducted individually and outside the presence of other persons about to be called as jurors or already called." *272 We stated in Commonwealth v. Sanders, 383 Mass. 637, 640-641 (1981), that, in cases of interracial rape, prospective jurors must be interrogated individually in accordance with the statute, rather than as a group because, as a matter of law, "interracial rape cases present a substantial risk that extraneous issues will influence the jury." In Commonwealth v. Hobbs, 385 Mass. 863, 873 (1982), we extended the Sanders rule to the interracial assault …
cited Cited as authority (rule) Commonwealth v. Kendrick
Mass. · 1989 · confidence medium
Contrast Commonwealth v. Hobbs, 385 Mass. 863, 873 (1982); Commonwealth v. Sanders, 383 Mass. 637, 641 (1981).
discussed Cited as authority (rule) Commonwealth v. Lopez
Mass. App. Ct. · 1988 · confidence medium
The judge exercised his discretion, see Commonwealth v. A Juvenile (No. 2), 396 Mass. 215 , 222 n.8 (1985), by granting the motion and questioned the prospective jurors on the issue of possible racial bias. 3 At no time, however, did the judge conduct a colloquy with the defendant personally to “ascertain that, [his] decision to insist on specific questions regarding racial bias was a knowing and voluntary one.” Commonwealth *621 v. Sanders, 383 Mass. 637, 641 (1981), quoting from Commonwealth v. Lumley, 367 Mass. 213, 217 (1975).
discussed Cited as authority (rule) Commonwealth v. Horne
Mass. App. Ct. · 1988 · confidence medium
Since the opinion in Commonwealth v. Sanders, 383 Mass. 637, 641 (1981), however, the trial judge, before granting a motion to question jurors about racial bias, is to discuss with the defendant himself whether the defendant has knowingly participated in his lawyer’s decision to probe the jurors for racial bias and whether the defendant is conscious that the very act of questioning may unleash latent racial feelings.
examined Cited as authority (rule) Commonwealth v. Washington (3×) also: Cited "see, e.g."
Mass. · 1988 · confidence medium
On appeal he alleges prejudicial error in the judge’s failure to conduct the colloquy required by Commonwealth v. Sanders, 383 Mass. 637, 640-641 (1981), before examining prospective jurors on the subject of possible racial prejudice. 1 *770 We agree that the judge should have conducted a colloquy.
discussed Cited as authority (rule) Reynolds v. Commonwealth (2×)
Va. Ct. App. · 1988 · confidence medium
See, e.g., Rosales-Lopez, 451 U.S. at 191 (it is usually best to honor the defendant’s request); Ristaino, 424 U.S. at 597 n.9 (although not always constitutionally required, it is generally the wiser course to propound appropriate questions if requested by the defendant); Commonwealth v. Sanders, 383 Mass. 637, 639 , 421 N.E.2d 436, 437 (1981)(when a defendant moves to interrogate prospective jurors as to possible prejudice, the trial judge should *169 grant the motion).
cited Cited as authority (rule) Commonwealth v. Mickel
Mass. · 1987 · signal: cf. · confidence medium
Cf. Commonwealth v. Sanders, 383 Mass. 637, 639-640 (1981).
discussed Cited as authority (rule) Commonwealth v. Bodden (2×)
Mass. App. Ct. · 1987 · confidence medium
He cited Commonwealth v. Sanders, 383 Mass. 637, 640-641 (1981).
discussed Cited as authority (rule) Harvey M. Sanders v. Michael Fair
1st Cir. · 1984 · confidence medium
See, e.g., Commonwealth v. Shelley, 381 Mass. 340, 352 , 409 N.E.2d 732, 740 (1980); Commonwealth v. Campbell, supra; Commonwealth v. Horton, supra. See also Commonwealth v. Sanders , 383 Mass, at —, 421 N.E.2d at 438 (characterizing prior decisions as having “given insufficient force to § 28”).
discussed Cited as authority (rule) Commonwealth v. Sheline (2×)
Mass. · 1984 · confidence medium
See Commonwealth v. Hobbs, supra; Commonwealth v. Sanders, 383 Mass. 637, 639-640 (1981); Commonwealth v. Shelley, 381 Mass. 340, 352-353 (1980); Commonwealth v. Campbell, 378 Mass. 680 , 696 & n.12 (1979).
discussed Cited as authority (rule) Commonwealth v. Burden
Mass. App. Ct. · 1983 · confidence medium
L. c. 234, § 28, as amended through St. 1975, c. 335, and Commonwealth v. Sanders, 383 Mass. 637, 637-638 (1981) (a case involving a rape and stabbing of a white woman in her apartment by a black man, wherein the Supreme Judicial Court held that “in similar trials hereafter jurors are to be examined with respect to racial prejudice, pursuant to the statute, ‘individually and outside the presence of other persons about to be called as jurors or already called’”). (ii) With regard to pretrial publicity, as above noted, each individual eventually empanelled was asked whether he had heard…
examined Cited as authority (rule) Commonwealth v. Stephens (4×)
Mass. App. Ct. · 1983 · confidence medium
We do not view Sanders , however, as deciding that only rape cases evoke, as matter of law, a "special reaction to the facts," Rosales-Lopez v. United States, 451 U.S. at 196 (Stevens, J., dissenting), or, as stated in G.L.c. 234, § 28, "considerations which may cause a decision ... to be made in whole or in part upon issues extraneous to the case." In Sanders , at 640, the court concluded, after reviewing Commonwealth v. Lumley (whose "practical" advice we alluded to above) and later cases involving G.L.c. 234, § 28, second par., that its previous decisions had "given insufficient force" to…
discussed Cited as authority (rule) Commonwealth v. Bianco (2×)
Mass. · 1983 · confidence medium
"The judge has broad discretion as to the questions to be asked, and need not put the specific questions proposed by the defendant[s]." Commonwealth v. Prendergast, 385 Mass. 625, 628 (1982), quoting from Commonwealth v. Sanders, 383 Mass. 637, 641 (1981).
discussed Cited as authority (rule) Commonwealth v. Sowers
Mass. · 1983 · confidence medium
Another short but conclusive answer is found in Commonwealth v. Sanders, 383 Mass. 637, 640-641 (1981), where we ruled that in cases tried after that decision it would be “a matter of law [that] interracial rape cases present a substantial risk that extraneous issues will influence the jury and hence are within § 28, second par.” This holding was based “not on a constitutional mandate, but on the need for caution and certainty in the application of § 28.” Commonwealth v. Hobbs, 385 Mass. 863, 873 (1982).
discussed Cited as authority (rule) Commonwealth v. Fleurant
Mass. App. Ct. · 1982 · confidence medium
See Commonwealth v. Shelley, 381 Mass. 340, 351-353 (1980); Commonwealth v. Sanders, 383 Mass. 637, 640-641 (1981); Commonwealth v. Jones, 9 Mass. App. Ct. 103, 114-116 (1980), modified in a different respect, 382 Mass. 387 (1981). 4.
examined Cited as authority (rule) Commonwealth v. Prendergast (3×)
Mass. · 1982 · confidence medium
The defendant asserts that prejudice against the defense of lack of criminal responsibility is as pervasive as racial prejudice and thus “there [is] a substantial risk that the jury [were] influenced by extraneous issues.” Commonwealth v. Sanders, 383 Mass. 637, 639-640 (1981).
examined Cited as authority (rule) Commonwealth v. Sowers (3×) also: Cited "see"
Mass. App. Ct. · 1982 · confidence medium
Commonwealth v. Sanders, 383 Mass. 637, 640 (1981).
cited Cited "see" Commonwealth v. Billingslea
Mass. · 2020 · signal: see · confidence high
See Commonwealth v. Sanders, 383 Mass. 637, 640-641 (1981), overruled in part on another ground in Commonwealth v. Ramirez, 407 Mass. 553 (1980).
cited Cited "see" Commonwealth v. Martin
Mass. App. Ct. · 2001 · signal: see · confidence high
See Commonwealth v. Sanders, 383 Mass. 637, 641 (1981); Commonwealth v. LaFaille, 430 Mass. 44, 51-53 (1999).
cited Cited "see" Commonwealth v. Crowder
Mass. App. Ct. · 2000 · signal: see · confidence high
See Commonwealth v. Sanders, 383 Mass. 637, 640-641 (1981).
cited Cited "see" Commonwealth v. Stack
Mass. App. Ct. · 2000 · signal: see · confidence high
See Commonwealth v. Sanders, 383 Mass. 637, 640-641 (1981); Commonwealth v. Young, 401 Mass. 390, 398 (1987); Commonwealth v. Stephens, 15 Mass. App. Ct. 461, 463 (1983).
cited Cited "see" Commonwealth v. Ortiz
Mass. App. Ct. · 1999 · signal: see · confidence high
See Commonwealth v. Sanders, 383 Mass. 637, 640-641 (1981).
cited Cited "see" Commonwealth v. Pearce
Mass. App. Ct. · 1997 · signal: see · confidence high
See Commonwealth v. Sanders, 383 Mass. 637, 638-640 (1981).
cited Cited "see" Commonwealth v. Hooper
Mass. App. Ct. · 1997 · signal: see · confidence high
See Commonwealth v. Sanders, 383 Mass. 637, 640-641 (1981); Commonwealth v. Hobbs, 385 Mass. 863, 873 (1982) ; Commonwealth v. Young, 401 Mass. 390, 398 (1987);.
discussed Cited "see" Brewer v. Marshall (2×)
D. Mass. · 1996 · signal: see · confidence high
See Commonwealth v. Sanders, 383 Mass. 637, 640-41 , 421 N.E.2d 436, 438-39 (1981), rev’d, Commonwealth v. Ramirez, 407 Mass. 553 , 555 N.E.2d 208 (1990).
cited Cited "see" Commonwealth v. Mathews
Mass. App. Ct. · 1991 · signal: see · confidence high
See Commonwealth v. Sanders, 383 Mass. 637, 640-641 (1981).
Commonwealth vs. Harvey M. Sanders
Massachusetts Supreme Judicial Court.
Jun 1, 1981.
421 N.E.2d 436
Brownlow M. Speer for the defendant., Susan C. Mormino, Assistant District Attorney, for the Commonwealth.
Hennessey, Braucher, Wilkins, Liacos, Abrams.
Cited by 80 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 60%
Citer courts: Massachusetts Supreme Judicial… (2)
Braucher, J.

The defendant, a black man, was convicted of rape, armed burglary, and other charges arising out of the rape and stabbing of a white woman in her apartment on the night of August 30, 1978. The convictions were affirmed by the Appeals Court. 10 Mass. App. Ct. 330 (1980). We granted the defendant’s application for further appellate review to consider the application of G. L. c. 234, § 28, to the interrogation of prospective jurors in such cases. We affirm the convictions, but we direct that in[*638] similar trials hereafter jurors are to be examined with respect to racial prejudice, pursuant to the statute, “individually and outside the presence of other persons about to be called as jurors or already called.”

The defendant filed a motion that the judge allow counsel to examine prospective jurors individually as to whether each juror stood indifferent, proposing thirteen questions and any other questions to which a juror’s answer might give rise. Two of the questions related to racial prejudice. [1] The judge said he would give the statutory questions (G. L. c. 234, § 28, first par.), and some of the requested questions, but would do so “en banc.” He inquired why defense counsel asked for interrogation regarding racial prejudice, and counsel responded: “First of all, the defendant, as you can see, is a black, and the victim is a very attractive white girl. . . . Second, the crimes he is charged with are very serious crimes, and one indictment involves a rape. People have a great many feelings on the subject of, number one, rape; and also rape of a white girl by a black man.” The judge denied the request. He gave the prospective jurors instructions as a group, asked the questions he had allowed, including the general question on bias required by G. L. c. 234, § 28, first par., and individually interrogated a number of prospective jurors who came forward as suggested. Included in the instructions to the group was the following: “We want nobody on the jury who has any biases or prejudices against black persons.” Some of the individual interrogations included questions on racial prejudice.

In Commonwealth v. Ross, 361 Mass. 665 (1972), vacated, 410 U.S. 901, aff'd on rehearing, 363 Mass. 665, cert, denied, 414 U.S. 1080 (1973) (with dissents), habeas corpus granted sub nom. Ross v. Ristaino, 388 F. Supp. 99 (D. Mass.), affd, 508 F.2d 754 (1st Cir. 1974), rev’d, 424 U.S. 589 (1976), we held that the constitutional require[*639] ment of a special inquiry of prospective jurors laid down in Ham v. South Carolina, 409 U.S. 524 (1973), was limited to cases where the defendant was a “special target for racial prejudice.” 363 Mass, at 672. In other cases, questions beyond those required by G. L. c. 234, § 28, first par., were in the judge’s discretion. Our view was upheld by the United States Supreme Court in Ristaino v. Ross, supra, and in the interim we denied relief to seven convicted defendants who asked us to reverse their convictions because of failure to interrogate jurors specifically about racial prejudice. Commonwealth v. Lumley, 367 Mass. 213, 220 n.6 (1975), and cases cited.

In the Lumley case we said that “as a practical matter, when a motion that prospective jurors be interrogated as to possible prejudice is presented, we believe the trial judge should grant that motion.” Id. at 216. By St. 1973, c. 919, the Legislature inserted a second paragraph in G. L. c. 234, § 28, which we thought would lend encouragement to such a course in cases of doubt. See Commonwealth v. Harrison, 368 Mass. 366, 373-374 (1975). In several subsequent cases we indicated that questions directed to revealing racial bias, if required, had been sufficient. Commonwealth v. Core, 370 Mass. 369, 373-376 (1976). Commonwealth v. Bailey, 370 Mass. 388, 399-400 (1976). Commonwealth v. Grace, 370 Mass. 746, 757 (1976). Commonwealth v. Walker, 379 Mass. 297, 299-300 (1979). In a number of cases involving other types of bias, however, we upheld the judge in refusing to apply § 28, second par., as amended through St. 1975, c. 335, [2] unless there was a substantial risk that the jury[*640] would be influenced by extraneous issues. Commonwealth v. Dickerson, 372 Mass. 783, 792-793 (1977). Commonwealth v. Horton, 376 Mass. 380, 393-395 (1978), cert, denied sub nom. Wideman v. Massachusetts, 440 U.S. 923 (1979). Commonwealth v. Campbell, 378 Mass. 680, 695-696 (1979). Commonwealth v. Shelley, 381 Mass. 340, 351-353 (1980).

The Supreme Court of the United States has indicated that under its supervisory authority over the Federal courts it would require that questions directed to the discovery of racial prejudice be asked in some circumstances in which such an inquiry is not constitutionally mandated. Ristaino v. Ross, 424 U.S. 589, 597 n.9 (1976). Recently a plurality of the Justices of that Court indicated that Federal trial courts “must make such an inquiry when requested by a defendant accused of a violent crime and where the defendant and the victim are members of different racial or ethnic groups.” Rosales-Lopez v. United States, 454 U.S. 182, 192 (1981). We have refused to impose such a requirement, and the trial judge and the Appeals Court in the present case have been faithful to our decisions. Thus there is no error.

We think, however, that our decisions have given insufficient force to § 28, second par. The United States Court of Appeals for the First Circuit has suggested that interracial rape may be “a classic catalyst of racial prejudice.” See Dukes v. Waitkevitch, 536 F.2d 469, 471 (1st Cir.), cert, denied, 429 U.S. 932 (1976). Although, as that court held, interrogation of jurors as to racial prejudice is not constitutionally mandated in such a case, we think it should be held in cases tried hereafter that as a matter of law interracial rape cases present a substantial risk that extraneous issues will in[*641] fluence the jury and hence are within § 28, second par. Under the 1975 amendment this means that prospective jurors are to be interrogated individually in accordance with the statute, rather than as a group. See Commonwealth v. Shelley, 381 Mass. 340, 353 n.12 (1980).

We stand by the cautionary remarks in Commonwealth v. Lumley, 367 Mass. 213, 216-217 (1975): The motion for interrogation of prospective jurors as to racial prejudice “should come from the defendant himself. Before granting the motion, the trial judge should carefully ascertain that the defendant’s decision to insist on specific questions regarding racial bias was a knowing and voluntary one, made with an understanding that such specific questions may activate latent racial bias in certain prospective jurors or may insult others without uncovering evidence of bias in hardcore bigots who refuse to acknowledge their prejudice.” The judge has broad discretion as to the questions to be asked, and need not put the specific questions proposed by the defendant. Commonwealth v. Walker, 379 Mass. 297, 300 (1979), and cases cited.

The Appeals Court also rejected the defendant’s claim of error in the charge to the jury on the defendant’s right not to testify. On this point we have nothing to add to the opinion of the Appeals Court.

Judgments of the Superior Court affirmed.

1

“Who in your mind is more likely to commit a violent crime such as rape: a black man or a white man? Why?”

“What are your opinions about the character of black people?”

2

“For the purpose of determining whether a juror stands indifferent in the case, if it appears that, as a result of the impact of considerations which may cause a decision or decisions to be made in whole or in part upon issues extraneous to the case, including, but not limited to, community attitudes, possible exposure to potentially prejudicial material or possible preconceived opinions toward the credibility of certain classes of persons, the juror may not stand indifferent, the court [may] shall, or the parties or their attorneys may, with the permission and under the direction of the court, examine the juror specifically with respect to such considerations, attitudes, exposure, opinions or any other matters which[*640] may, as aforesaid, cause a decision or decisions to be made in whole or in part upon issues extraneous to the issues in the case. Such examination may include a brief statement of the facts of the case, to the extent the facts are appropriate and relevant to the issue of such examination, and shall be conducted individually and outside the presence of other persons about to be called as jurors or already called.” The 1975 amendment changed “may” to “shall” as indicated.