Defending People

the art and science of criminal defense trial lawyering

The Smell of Fear / The Smell of Sex

A year and a half ago, I wrote:

Walking the halls of the Harris County Criminal Courthouse, I smell
fear. The accused are often afraid, as you might expect, as are their
loved ones, but theirs is not the fear I smell.

The fear I smell oozes out from under doors leading to the judges’
chambers, locked to keep the outside world away, and from the robes of
the judges, concealing the firearms they carry (literally) to protect
themselves against some imagined danger. It wafts from the prosecutors,
likewise armed and armored with fear.

It also comes from the lives of the jurors who have been convinced
that they can’t safely walk the streets of their neighborhoods, that
there is a sexual predator lurking around every corner, and that crime
is out of control.

Where does all of this fear come from, and why?

I was waxing metaphorical, but only a little bit. I have smelled fear in the courtroom, from defendants, judges, and prosecutors as well as once (to my surprise) from myself.

I thought it was that the courtroom brings out the wolf in me, but it turns out that there is solid scientific basis for believing that even humans can detect the Scent of Fear (PDF, locked but free viewing).

(This post sat in my editing program for several weeks, until I saw this Eric Berger (the Houston Chronicle’s science columnist) article on the smell of sex.)


About The Author

Mark Bennett
Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

4 Responses to “The Smell of Fear / The Smell of Sex”

  1. Edintally says:

    It’s the flesh they live on
    They rend and tear
    Feeding upon us
    Who has the strength?
    Who will stop them?

  2. Adam says:

    Yes, fear does have a definite smell. Anyone who has ever gone into a bathroom close to a criminal courtroom on a criminal docket day has smelled it. If I ever have to go, I usually hike a few floors up or down to the land records floor. This might sound like a joke, but a check out the difference for yourself.

  3. Adam says:

    Oh, one more tidbit you may enjoy linking smells with law, quoted from the box of the excellent game “Witch Trial” by Cheapass Games: “Ah, the invigorating smells of Springtime. The damp, musky nose of the courtroom. The smoky, sweaty aroma of the Guilty. And the sweet, sweet smell of our daily bread.”

  4. Ron in Houston says:

    Oh yeah, Rice University actually published an article on the “smell of fear.”

    Women (especially younger fertile women) have a much better sense of smell than men. They can smell fear very well.

    I love this sort of stuff. Did you know that ovulating strippers earn a whole lot more than menstruating strippers? We are not that far removed from the other animals.

Leave a Reply

By submitting a comment here you give me permission to use your words in any way I like, including editing them for clarity, brevity, or content, as well as rearranging the words or the letters within them to change their very meaning. Those who engage in anonymous ad hominem attacks are the car-keyers of the internet, and will not be tolerated. If you engage in such attacks, I may edit the post to show your name or to make it appear that you are attacking yourself. Or both. I don't have to let you comment here. Don't do so for blatant marketing purposes; do so only to add to the discussion. Once you click "submit comment" you have given up all interest in your words to me, and have no further interest in your words. You agree never to sue, grieve, or complain to anyone about the use that I make of the letters you have typed. If you even threaten to do so, you agree that you will be held up to eternal public ridicule.