THE NERD DEFENSE 749
character through her appearance that suggested that Anthony
was a child-like woman “forever stuck in adolescence.”^115
Perhaps to the jurors, Anthony appeared as a woman incapable
of having committed the brutal crime of which she was accused.
The court did not consider Anthony’s appearance to be relevant
admissible evidence, yet legal analysts suggested that the defense
counsel attempted to “subtly influence the judge” by altering
Anthony’s appearance.^116 It follows that what may subtly
influence the judge may also influence the jury.^117 At the trial’s
conclusion, the jury acquitted Anthony of the capital murder
charge.^118 As these cases highlight, the Supreme Court, defense
attorneys, prosecuting attorneys, and law professors all
recognize that a defendant’s appearance has the potential to
encourage certain biases in jurors.
III. THE NERD DEFENSE
Since eyeglasses can drastically change one’s appearance,
they are a particularly powerful tool with which to alter juror
perceptions.^119 A defendant who wears eyeglasses to trial without
any need to correct vision impairment utilizes the nerd defense
anthony-trial-defense-claims-caylee-anthony-drowned/story?id=13674375; see
also SMITH & MALANDRO, supra note 2, § 1.24, at 48 (noting that to help
portray a soft and submissive look in the courtroom, a client’s hair should be
longer).
(^115) Bigbee, supra note 89.
(^116) Casey’s Appearance Could Be Changed to Influence Jury, supra note
112.
(^117) Judges are more likely than jurors to notice defense teams’ strategies
because judges are trained to examine the law and are attuned to the
strategies that defense teams employ. See SAUL M. KASSIN & LAWRENCE S.
WRIGHTSMAN, THE AMERICAN JURY ON TRIAL: PSYCHOLOGICAL
PERSPECTIVES 126 (1988) (discussing the argument against jury trials by
acknowledging that judges and lawyers are “courtroom veterans” as
compared to the jury).
(^118) Winter, supra note 111.
(^119) See Tom Davies, Framed! Sharon Osbourne, OPTICIAN ONLINE (Nov.
18, 2005), http://www.opticianonline.net/Articles/2005/11/18/14675/Framed!
+Sharon+Osbourne.htm (stating that eyeglasses can cause the ugly to
“become cool” and the cool to “become intelligent”).