Should courts let defendants conceal racist tattoos?

A Florida court is paying to cover a swastika on an accused murderer's neck so jurors won't be biased. Is this taking "innocent until proven guilty" too far?

A Florida court is paying a cosmetologist $125 a day to cover up the swastika and other tattoos sported by accused murderer John Ditullio.
(Image credit: YouTube)

This week, a Florida jury is hearing testimony in the murder retrial of John Allen Ditullio, a man accused of stabbing his neighbor and killing a teenager — but they won't be seeing everything. As in the original trial (which ended in a jury deadlock), the jurors won't see the avowed neo-Nazi's prominently placed tattoos, including images of a swastika on his neck and barbed wire on his face. After defense lawyers argued the "scary" tattoos would prejudice the jury against Ditullio, the judge decided the court should pay a makeup artist to cover them up. Is this a valid use of taxpayer dollars? (Watch an MSNBC report about the controversy)

A trial must be fair: This might be distasteful, says Douglas Keene in The Jury Room, but verdicts are supposed to be based on the evidence, not on how the defendant looks. Ditullio's "offensive tattoos" would almost certainly make jurors more inclined to believe he committed the crimes in question — and "raise the probability that a conviction could be overturned."

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