Are tattoos prejudicial?

Discussion in 'Law and Justice System' started by chanel, Jun 6, 2010.

  1. chanel
    Offline

    chanel Silver Member

    Joined:
    Jun 8, 2009
    Messages:
    12,130
    Thanks Received:
    2,746
    Trophy Points:
    98
    Location:
    People's Republic of NJ
    Ratings:
    +2,749
    FOXNews.com - Lawyers for prisoner accused of killing guard seek to cover neo-Nazi tattoos during Utah trial
     
    • Thank You! Thank You! x 2
  2. Madeline
    Offline

    Madeline BANNED

    Joined:
    Apr 20, 2010
    Messages:
    18,505
    Thanks Received:
    1,624
    Trophy Points:
    0
    Location:
    Cleveland. Feel mah pain.
    Ratings:
    +1,624
    chanel, are you objecting?
     
  3. RetiredGySgt
    Offline

    RetiredGySgt Platinum Member

    Joined:
    May 6, 2007
    Messages:
    39,584
    Thanks Received:
    5,906
    Trophy Points:
    1,140
    Location:
    North Carolina
    Ratings:
    +9,005
    I object. The man WANTS those tattoos, he should proudly display them in open Court.
     
    • Thank You! Thank You! x 1
  4. Madeline
    Offline

    Madeline BANNED

    Joined:
    Apr 20, 2010
    Messages:
    18,505
    Thanks Received:
    1,624
    Trophy Points:
    0
    Location:
    Cleveland. Feel mah pain.
    Ratings:
    +1,624
    It's a weird legal question. Can he really get a fair trial with them showing? Or with them hidden?

    What next? Defendant stand ins?
     
    • Thank You! Thank You! x 1
    Last edited: Jun 6, 2010
  5. chanel
    Offline

    chanel Silver Member

    Joined:
    Jun 8, 2009
    Messages:
    12,130
    Thanks Received:
    2,746
    Trophy Points:
    98
    Location:
    People's Republic of NJ
    Ratings:
    +2,749
    Tattoos are supposed to be an expression of the inner person, are they not? Yes, it's prejudicial to people who think neo-Nazism is a bad thing. But assuming that, is prejudicial as well. :cool:
     
  6. Toome
    Offline

    Toome Active Member

    Joined:
    Feb 19, 2009
    Messages:
    906
    Thanks Received:
    258
    Trophy Points:
    28
    Ratings:
    +259
    The flip side question is: are lawyers being ethical when they "dress up" their defendants for the jury?
     
  7. George Costanza
    Offline

    George Costanza A Friendly Liberal

    Joined:
    Mar 10, 2009
    Messages:
    5,179
    Thanks Received:
    1,087
    Trophy Points:
    155
    Location:
    Los Angeles area.
    Ratings:
    +1,187
    You mean get them out of jail blues, handcuffs and leg shackles?

    It is well established that displaying a defendant in jail blues, handcuffs, etc., in front of the jury, is prejudicial. No court will allow that to happen. It doesn't take a genius to see why such a practice would be prejudicial. So is a defense lawyer being "unethical" when he/she sees to it that the defendant is clothed in some form of civilian clothing during trial?

    I have a flip side question for you: Is a prosecutor being unethical when he/she insists that the defendant not be allowed to dress in civilian clothing and have the handcuffs removed?
     
    • Thank You! Thank You! x 1
    Last edited: Jun 6, 2010
  8. jillian
    Offline

    jillian Princess Supporting Member

    Joined:
    Apr 4, 2006
    Messages:
    69,560
    Thanks Received:
    13,013
    Trophy Points:
    2,220
    Location:
    The Other Side of Paradise
    Ratings:
    +22,439
    do prosecutors still try to object to a defendant dressing in civilian clothes and being unshakled?

    i thought those days were past.
     
  9. Toome
    Offline

    Toome Active Member

    Joined:
    Feb 19, 2009
    Messages:
    906
    Thanks Received:
    258
    Trophy Points:
    28
    Ratings:
    +259
    Not so much the jail blues but the whole makeover approach. I don't have a problem with having the handcuffs removed. However, I see a difference between having the defendant dress up as he or she would choose to dress and having a lawyer pick out the clothing for that person.

    I understand the strategy. I think there's more of a marketing approach in order to influence the jury to a favorable decision rather than letting them make a decision based on the evidence alone.

    And I also am willing to admit that while I may criticize this, I would probably take an entirely different approach if it was me sitting in the defendant's chair!
     
  10. syrenn
    Offline

    syrenn BANNED

    Joined:
    May 10, 2010
    Messages:
    47,839
    Thanks Received:
    10,387
    Trophy Points:
    0
    Ratings:
    +10,404
    Agreed prison garb is not fair. So how about we put them back in their gangster clothing and not a suit. Or to be fair the clothes they were picked up in as that is how they would be dressing on the street and is a very fair representation of their true selves.

    Visual appearance is very important in court. You dress the low life's up and you dress down the flash and cash look. I can understand a defense lawyer wanting to cover up emotional response tattoos. Like it or not it could sway a jury.

    My take on it is let him go into court all covered up with makeup and then show the jury his mug shot or other prison photos.
     

Share This Page