THE NERD DEFENSE 731
trials despite the inadmissibility of such character evidence. Part
III introduces the so-called “nerd defense” and examines the
effect of a defendant’s use of eyeglasses on juror perceptions.
This section further explores the use of the nerd defense by
criminal defendants to purposefully mislead jurors. Part IV
examines the intersection of the nerd defense and change-of-
appearance instructions. Additionally, this section criticizes the
Harris opinion for failing to address the use of eyeglasses for
the purpose of jury persuasion. Part V of this Note
acknowledges the need to balance a defendant’s right of free
expression against the potential for jury manipulation and
proposes two solutions: (1) imposing a modified change-of-
appearance instruction that removes language relating to
consciousness of guilt and (2) allowing for an eyeglasses inquiry
when a defendant suddenly dons eyeglasses at trial.
I. THE PSYCHOLOGY BEHIND EYEGLASSES
The National Eye Institute reports that, as of 2008, more
than 150 million Americans used corrective eyewear.^23
Eyeglasses are specifically designed to correct “congenital or
acquired vision deficits such as myopia, presbyopia, or
astigmatism.”^24 However, it is clear that wearing eyeglasses is
no longer only for those with vision deficiencies.^25 As of 2011,
the Vision Council estimates that approximately sixteen million
Americans wear nonprescriptive eyeglasses for the purpose of
changing their appearances.^26
(^23) PREVENT BLINDNESS AM. & NAT’L EYE INST., VISION PROBLEMS IN
THE U.S. 12 (2008), available at http://www.preventblindness.net/site/
DocServer/VPUS_2008_update.pdf.
(^24) Helmut Leder et al., The Glasses Stereotype Revisited: Effects of
Eyeglasses on Perception, Recognition, and Impression of Faces, 70 SWISS J.
PSYCHOL. 211, 211 (2011).
(^25) See id. (describing how eyeglasses not only serve to correct eyesight
but also function as facial accessories that are linked to fashion demands); see
also ESSILOR OF AM. & LUXOTTICA GRP., 20/20 OPTICIANS’ 2008 HANDBOOK
4–5 (4th ed. 2008) (observing that eyeglasses can be useful for those who
wish to project their individualism or who simply desire to appear
fashionable).
(^26) Michelle Healy, Prescription Eyeglass Frames Get Softer Look, USA