A rabid, as the defense suggests, with an uncontrolled monster (as the text messages submitted as evidence called it) inside? As if.
In the other corner: Mrs. Heard, also suited in classic, understated shades of gray and navy blue. She wears pantsuits or skirts up to mid-calf; blouses buttoned all the way up, often with ties or bow ties; belts and pumps. Tasteful spending, but not telegraphic. Her makeup is subtle; her jewels, children. Her hair is styled in a series of complicated 1930s buns, braids and buns, with the occasional tendril escaping from her ties.
Her vibe is not victim or innocent or madonna, often a tactic for defendants. (See Ms. Sorokin, who sometimes wore white baby-doll dresses during her trial appearances, or Elizabeth Holmes of Theranos, who carried a diaper bag.) On the contrary, Ms. Heard suggested a demure and capable girl on Friday, of a time when women had to struggle to be heard and when they nevertheless came to the aid of the home front and proved their worth.
Unstable, according to the terms of the prosecution? A fantasy? Clearly not.
Recognizing the role that image-making plays in human biases when it comes to justice, good or bad, is simply to recognize all the ways in which each side tries to make its point, the ways in which parties appeal not only to those in the room, those who actually decide the legal outcome, but to the court of public opinion. We the people are also judge and jury when it comes to public redemption stories and career arcs. Fans of both actors have made their stance clear on social media, although Mr. Depps is more abundant and vocal.
There’s a reason the Supreme Court wrote, in Estelle against Williams in 1976, that the state cannot, pursuant to the Fourteenth Amendment, compel a defendant to stand trial by jury while dressed in identifiable prison clothing. The outfit alone was likely to sway the jury towards a presumption of guilt. (The court then ruled, however, that if the defendant did not object to being so dressed in a timely manner, the lawsuit could not later be declared unconstitutional.)
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