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in the hopes of appearing more intelligent^120 and therefore less
likely to have committed a crime.^121 Juries are less likely to
convict defendants whom they find more “likeable,”^122 and
studies show that wearing eyeglasses helps to make a defendant
appear more likeable.^123 Wearing nonprescriptive eyeglasses
fabricates a defect in a defendant and plays upon one of
society’s most deeply rooted stereotypes: that glasses are
synonymous with higher intelligence.^124 In this sense, wearing
nonprescriptive eyewear is analogous to using crutches or a
wheelchair despite lacking a physical injury.^125 By contrast,
dressing a defendant in a suit and tie, adding accessories (e.g.,
watches and rings), altering hairstyle, or applying makeup can
affect juror perception, but such changes do not falsely represent
a handicap or a physical defect.^126 Similarly, a defendant who
(^120) Alexander, supra note 9; see also Brown, supra note 9, at 1.
(^121) Brown, supra note 9, at 3; see also Rita Handrich, The Glasses
Create a Kind of Unspoken Nerd Defense, KEENE TRIAL CONSULTING (Mar.
7, 2011, 6:01 AM), http://keenetrial.com/blog/2011/03/07/the-glasses-create-
a-kind-of-unspoken-nerd-defense (“The idea that the Nerd Defense might
work (or help) is an extension of the fact that Nerds are evidently viewed as
being less likely to commit crimes.... If they create an image of someone
who ‘doesn’t look like they would do that sort of thing,’ it will aid in the
defense.”).
(^122) SUTHERLAND & CRESSEY, supra note 85, at 442. However,
attractiveness is also a component of likability, and glasses are perceived as
making the wearer less attractive. Terry & Krantz, supra note 41, at 1766
(noting that the “negative” perceptions of those who wear eyeglasses lead to
“increas[ed] ratings of character, compassion, honesty, and sensitivity [and]
decreas[ed] ratings of attractiveness [and forcefulness]”); see generally Leder
et al., supra note 24 (connecting the wearing of eyeglasses with increased
intelligence and decreased attractiveness).
(^123) See, e.g., SMITH & MALANDRO, supra note 2, § 1.21 at 42 (noting
that wide lenses help to create an open-eyed look that is associated with traits
of trustworthiness, likability, and innocence).
(^124) Thornton, The Effect of Wearing Glasses upon Judgments of
Personality Traits of Persons Seen Briefly, supra note 52, at 203; Brown,
supra note 9, at 3.
(^125) See Marshall, supra note 18 (“Glasses convey information about
physical capabilities the same way coming into court on crutches or in a
wheelchair does.”).
(^126) Id. (contrasting use of fake eyewear with “haircut, a shave, a suit and