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attire, portrays favorable characteristics to the jury.^148 However,
by analogy, a defendant who seeks to offset juror bias might
utilize a multitude of props (such as unnecessary crutches or
neck braces) that are designed to manipulate the jury and elicit
misplaced sympathy and favorable judgment. Wearing proper
courtroom attire does not fabricate a defect in any way.
However, wearing unnecessary eyeglasses to trial is akin to
telling the jury a lie without consequence. Such behavior
undermines a judicial system that is designed to arrive at the
truth.^149
B. Reception of the Nerd Defense in Criminal TrialsStrong opinions abound about a defendant’s use of
unnecessary eyeglasses at trial.^150 The use of nonprescriptive
eyewear by defendants is becoming increasingly popular, with
inmates strategically swapping eyeglasses before hearings,
friends and family delivering eyeglasses during visits to inmates,
and lawyers supplying clients with eyeglasses.^151 The nerd
defense has received significant media attention, with
commentators both endorsing and criticizing the use of
(^148) See id. (noting that formal dress for defendants in the courtroom leads
jurors to believe that the defendant is serious and leads judges to believe that
defendants have respect for the courtroom); see also Brown, supra note 9, at
2–4.
(^149) See Anderson, supra note 78, at 1928 (stating that the jury has a
“solemn duty to find the truth”).
(^150) Kevin Deutsch, Defense Lawyers Swear by Gimmick of Having
Defendants Wearing Glasses at Trial, N.Y. DAILY NEWS (Feb. 13, 2011),
http://articles.nydailynews.com/2011-02-13/news/28613008_1 (“If a jury
thinks the defendant looks incapable of a brutal crime, then it’s certainly an
advantage for the defense.... The glasses create a kind of unspoken nerd
defense.”); Marshall, supra note 18 (“If glasses made a guy like Larry Davis
look gentle, they can work for anybody.... I always tell clients to get a
pair. The nerdier the better.”); Alexander, supra note 9 (noting that “[o]ften
times it’s about perception, and glasses help with that perception” and
“[eyeglasses are] masks... [t]hey’re designed to confuse the witness and
influence the jury”); Weiss, supra note 130 (quoting Harvey Slovis, who
stated that “I’ve tried cases where there’s been a tremendous amount of
evidence, but my client wore glasses, dressed well and got acquitted”).
(^151) Alexander, supra note 9.