Did the Judges Refusal to Ban the Buttons Deprive Musladin of a Fair Trial?
Even if one were deciding the issue purely on the merits, the Musladin facts would present an arguably difficult case. One could argue, on the one hand, that when jurors observe the grief and solidarity of a victim’s family members – evident in the buttons they wear – each day of a trial, the jurors are likely to feel obligated to do something to acknowledge and ameliorate that grief. Because the only avenue open to jurors for comforting the victim’s family is to bring back a guilty verdict, the jurors could feel motivated to convict, even if the evidence does not convince them of the defendant’s guilt beyond a reasonable doubt. One could respond, on the other hand, that the only likely effect of victim buttons is to emphasize for jurors the gravity of the crime of which the defendant stands accused. Like testimony detailing facts of a murder that are not in dispute (and to which a defendant might wish – but has no right – to stipulate), it is not unfairly prejudicial for the jury to r
