As much as we like to think as human beings that we're impartial and unbiased, we're simply not.
This works for me for several reasons. First, the man isn't going on trial for anything related to his being a white supremacist. He's doing so for allegedly robbing a man at gunpoint. That has nothing to do with the color of his skin, his distaste for those of skin color differing from his, or whatever moral code he may(or may not) subscribe to. The only question the jurors on his case should be asking themselves is "Did this dude do what he's accused of?" What he believes and the manner in which he goes about it is irrelevant. And those tattoos make it impossible for potential jurists to look at him that way. How do I know this? Well, from the posted article:
A panel of potential jurors allegedly said they wouldn’t be able to treat Morgan’s case fairly because of the markings.
So potential jurors are admitting they couldn't treat him objectively as a result of his tattoos? The judge in this case did the only reasonable thing he could: He made it so that the tattoos can't even be a factor in his case. So the case will be decided on the merits of it. Not because one of the jurors looked at him and said "I don't like(or I DO like how this man looks, and that's how I'm going to come to my decision."
Second, it eliminates grounds for appeal. Any defense attorney worth their salt would have a field day in appellate court if this man would have been tried and convicted by a jury with these tattoos visible. It's for this reason that those who go on trial wear their street clothes and aren't handcuffed in front of a jury. Those are dehumanizing elements of the legal system and easy grounds for appeal. I read recently about a mistrial being declared in a local homicide case in my area(Pittsburgh)because the Sheriff handcuffed the defendant in front of the jury. In street clothes, juries think "He's just like you or me." In cuffs and prison oranges(or blues or reds etc.) they think "scumbag." So this judge has eliminated the risk of an appeal on these grounds.
Not convinced yet?
A panel of potential jurors allegedly said they wouldn’t be able to treat Morgan’s case fairly because of his hair color, prompting a district judge to require his hair color be dyed back to black from red.
A panel of potential jurors allegedly said they wouldn’t be able to treat Morgan’s case fairly because of his long hair, prompting a district judge to require him to be shaved bald..
Ok, so I made those two up, but my point stands. If something is that significant that it's making it impossible(by admission here) for a person to receive a fair trial, you change the variable that's making it unfair. It's for that reason that venue changes are done at times in high-profile cases. They can't find anyone who hasn't heard of the case/formed an opinion on it, so they move the trial to some backwater town that doesn't have the internet and find 12 jurors who have no knowledge of the facts surrounding the case.
His tattoos may paint him as hateful and a killer(the teardrop tattoos) but they have nothing to do with the case being made against him. Who is or what he stands for doesn't have a darn thing to do with the fact that he's guaranteed a fair trial, and
by their own admission, potential jurors can't provide him that if they remain uncovered.
Thumbs up to this judge.
I simply pointed out that it still speaks to his character. Whether that character is in his past or present should be up to his defense to handle and for a jury to decide if the tattoos are what he represents today or not.
Nope, sorry, not even a little bit. The only job the jury has is deciding whether or not dude did it or not.
Anything that gets in the way of them doing that objectively has to go. Things such as character cannot even be brought into the discussion at a trial because of the prejudice it creates. Since it's been established that the tattoos speak to this man's character, the judge did the only reasonable thing.