THE NERD DEFENSE 733
defendant’s facial features will be seemingly static to the jury.^35
Generally, if a defendant does not take the stand to speak in his
or her own defense,^36 there will not be occasion for prolonged
interaction between a defendant’s eyes and mouth that may
affect the viewer’s primary focus on the defendant’s eye
region.^37 Because eyeglasses significantly alter the appearance of
the eye region, wearing eyeglasses impacts the type of social
information that is perceived through facial processing.^38
B. Studies Concerning the Effect of Eyeglasses on Judgment
and PerceptionSocial information about others is gleaned through facial
processing, and “even the briefest of glances at a face is
sufficient to furnish a wealth of knowledge about its owner.”^39
To form judgments and perceptions of others, people rely
heavily on their cognitive representations (schemata).^40
Collectively shared schemata can be described as widely held
(^35) Compare id. at 857–58 (discussing a study conducted by presenting the
subjects with various slides depicting static faces), with SMITH & MALANDRO,
supra note 2, § 1.12, at 22 (noting that “[m]ost of the time jurors are
watching what is referred to as ‘static’ facial behavior in the courtroom”).
(^36) See Stephen J. Schulhofer, Some Kind Words for the Privilege Against
Self-Incrimination, 26 VAL. U. L. REV. 311, 329–30 (1991) (describing a
sample study of Philadelphia felony defendants that revealed that only half of
criminal defendants took the stand); Scott E. Sundby, The Capital Jury and
Absolution: The Intersection of Trial Strategy, Remorse, and the Death
Penalty, 83 CORNELL L. REV. 1557, 1561 (1998) (finding that “most
defendants [in California capital jury trials] did not testify”). But see HARRY
KALVEN, JR. & HANS ZEISEL, THE AMERICAN JURY 146–48 (1966) (finding
that the percentage of defendants who testify depends on the defendants’ prior
records and the amount of evidence against the defendants).
(^37) See Janik et al., supra note 32, at 858 (concluding that the study does
not determine the extent to which a subject’s primary focus would change due
to a person’s eye and mouth movements during prolonged inspection by the
subject).
(^38) Jellesma, supra note 20, at 2.
(^39) K.A. Quinn & C.N. Macrae, Categorizing Others: The Dynamics of
Person Construal, 88 J. PERSONALITY & SOC. PSYCHOL. 467, 476 (2005).
(^40) Id. at 467.