No, it’s not due process at all. Due process embodies the concept that I, as a defendant, am entitled to a fair trial in which my conduct will be judged against the law and the evidence to determine whether I committed a crime.
To return to RobRoy’s example, if I am convicted because the jury doesn’t like my hairstyle, how have I received any modicum of due process?
There’s only so far one can take a silly argument. But you asked a question. Yes, it is due process. The personal conduct and appearance of the defendant is a critical element to a Juror’s or Judge’s view of that defendant.
You can ask any criminal defense attorney. Yes, a hair style that is abnormal, off-putting or indicates a social negative in the current culture can weigh, and weigh hard against a defendant. Look like a violent gang member, more likely to be found guilty as a murderer.
So, yes, if you are rebellious to the advice of your public defender and come in looking like a criminal, a jury will duly deliberate and find you, with all due process, guilty. Yes, they will also weigh the facts and testimony presented. But they consider all they see. If they see you as a threat to society — bad. If they see you as a upstanding member of society — good.
>No, it’s not due process at all. Due process embodies the concept that I, as a defendant, am entitled to a fair trial in which my conduct will be judged against the law and the evidence to determine whether I committed a crime.
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>To return to RobRoy’s example, if I am convicted because the jury doesn’t like my hairstyle, how have I received any modicum of due process?
To play devil’s advocate for the jury here; perhaps your hairstyle *is* some form of [perceptual] evidence. Perhaps the charge has to do with street-gangsters and one of the jurors happens to have had experience with such street-gangsters where they all had that particular hairstyle. Perhaps that was the iota which moved the juror to go from reasonable doubt to “I find...”
In such a case has the juror acted improperly? Would such a case violate due process?