THE NERD DEFENSE 763
is guilty.^194 During trial, a defendant is “on display for the
jury.”^195 Consequently, members of the jury might notice and
take into account details of the defendant’s appearance that
nonjurors might find irrelevant.^196 But how far may a defendant
go to change his or her appearance in order to convey
innocence? Courts have held that a defendant may wear to trial
such clothing items as religious cult wear,^197 sweatshirts with
religious symbols,^198 and official military academy dress
uniforms.^199 A defendant has a First Amendment right to control
his or her appearance at trial.^200 Generally, this right is subject to
the judge’s discretion.^201 However, when a defendant’s dress in
the courtroom involves religious attire, the standard for
(^194) Shepard, supra note 82, at 2208.
(^195) Levenson, supra note 79, at 575.
(^196) THORNTON, supra note 83, at 112; see also Levenson, supra note 79,
at 574 (noting that “the outcome of the case is affected by many factors that
are technically not evidence: the quality of the lawyers’ presentations, the
appearance and reaction of the defendant in the courtroom, and even the
presence of the victim’s representatives”).
(^197) See United States v. Yahweh, 779 F. Supp. 1342, 1345 (S.D. Fla.
1992) (holding that defendants may choose to wear to trial religious cult
uniforms, including white robes and white turbans).
(^198) Joseph v. State, 642 So. 2d 613, 613 (Fla. Dist. Ct. App. 1994)
(holding that defendants may wear to trial shirts with religious symbols).
(^199) Johnson v. Commonwealth, 449 S.E.2d 819, 820–21 (Va. Ct. App.
1994) (holding that defendants may wear to trial official military uniforms).
(^200) U.S. CONST. amend. I; see In re Palmer, 386 A.2d 1112, 1115 (R.I.
1978) (recognizing the mandate in Sherbert v. Verner, 374 U.S. 398 (1963),
to strike a balance between a defendant’s First Amendment right and the
“interest of the court in maintaining decorum in its proceedings by regulating
dress in the courtroom”); see also Yahweh, 779 F. Supp. at 1345 (stating that
defendants may choose to wear “suitable clothing of their choice in the
courtroom”).
(^201) Johnson, 449 S.E.2d at 820–21 (“The conduct of a trial includes
courtroom decorum. The trial court has the duty and the authority, in the
exercise of sound discretion, to require persons attending court to dress in a
manner appropriate to their functions and consistent with the publicity and
dignity of the courtroom.”); see also Catherine Theresa Clarke, Missed
Manners in Courtroom Decorum, 50 MD. L. REV. 945, 1001 (1991) (noting
the concern that some clothing can distract or offend judges as “a breach of
etiquette because it undermines the serious, professional atmosphere of the
proceedings”).