"If You Throw a Skunk into the Jury Box, You Can't Instruct the Jury Not to Smell It"

Read the original at Reason ↗
Cite

Volokh, E. (2026, October 16). "If You Throw a Skunk into the Jury Box, You Can't Instruct the Jury Not to Smell It". Reason. https://reason.com/volokh/2026/10/16/if-you-throw-a-skunk-into-the-jury-box-you-cant-instruct-the-jury-not-to-smell-it/

Dated from the outlet's own feed. Check the original for its byline.

Reason · collected 2026-10-16 · by Eugene Volokh

Quick Summary

The title of the piece references a metaphorical saying used by lawyers, which dates back to at least 1931 and is mentioned in Dunn v. U.S., a case from 1962. The phrase suggests that once irrelevant or prejudicial information has been introduced into a trial, it cannot be ignored by the jury. The article does not provide additional context beyond noting its usage in legal discourse over several decades.
Written by AI on 2026-10-17, from this article's own text only (the story summary below draws on all the coverage).

AI analysis

Story summary

Eugene Volokh from Reason Magazine referenced a piece of colorful lawyer wisdom in an article dated October 16, 2026. The phrase "If you throw a skunk into the jury box, you can't instruct the jury not to smell it" has been used since at least 1931 and is exemplified in Dunn v. U.S.(5th Cir. 1962). This metaphor suggests that once evidence is introduced into a trial, attempts to ignore or suppress its impact are futile. Volokh notes the phrase's longevity and widespread use in legal contexts over several decades.

Written for “Skunk In Jury Box Analogy” on 2026-11-04, grounded in this article and the 0 other(s) covering the same event.

Story

📰 Skunk In Jury Box Analogy
Crime & Law · 1 article(s) covering the same event.

Compared with similar articles

Nothing to compare against. No article is close enough to this one for the pipeline to have linked or judged the pair.
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
1
sentences that state something as happening or true
Uncertain
100%
1 of 1 hedged ("reportedly", "may", "according to")
Leaning
not political
takes no side on a contested political question
Publisher signals
67/100
Reason's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
1
Crime & Law
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-10-17 · how these are computed

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Publisher

Reason · 1116 article(s) · 4 correction(s) detected
Running correction rate · 4 correction(s)

Who wrote this

Eugene Volokh
192 article(s) here · 1 carrying a prediction
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🔮 From Sanchez v. Almond, decided Wednesday by Judge John McConnell (D.R.I.): Mr. Sanchez began working at the office of Rhode Island Governor Daniel J. McKee in May 2021 as a "constituent services" staffer.
🔮 Beauchamp believed that the post appeared to condone murder based on the victim's political viewpoints and statements and became concerned that this post and perception would reflect on GCAO in the public's eyes and thereby undermine the public's trust in GCAO's official duty to prosecute homicides without bias and without regard to a victim's views, statements, or affiliations.
2026-11-02 · assertive framing · Firing for "Rot in Hell Charlie Kirk" Post Upheld
🔮 After Judge Covington announced that she would be denying McClain's suppression motion, Outlaw stood up and said "the judge is a cocksucker" loud enough for Judge Covington to hear.
🔮 According to the Complaint, in August 2024, Plaintiffs and other District community members learned that then-member of the Board of School Directors of Souderton Area School District (the "Board") William Formica posted lewd comments on social media about Vice President Kamala Harris, disparaging teachers and non-English speakers, and deriding diversity programs.
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🔮 Because "[t]he costs and efforts required to defend a lawsuit through [discovery] could chill free speech nearly as effectively as the absence of the actual malice standard altogether[,]" a public figure plaintiff must plausibly allege actual malice at the outset of the litigation.
🔮 The First Amendment forbids a State from using its investigative power that way, and I will not allow it while this case is pending.
🔮 The same logic could apply to nuns who had felt religious pressure to do the educational or nursing work that their order was known for, or to monks who had felt religious pressure to do agricultural work that supports the monastery.
2026-10-30 · assertive framing · Amicus Brief in OneTaste Criminal Prosecution
Also by Eugene Volokh
Open Thread
2026-11-03 · Reason
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 192 articles by Eugene Volokh →

Topics

U.S.(5th

Subjects

Dunn PERSON · 1× U.S.(5th GPE · 1×

Narrative

Some colorful lawyer wisdom (see, e.g., Dunn v. U.S.(5th Cir. 1962)); I found versions of this in newspapers going back to 1931, though it may have been a familiar phrase even then.
framing: speculative · carried by 1 article(s) · first seen 2026-10-17
🔮 Some colorful lawyer wisdom (see, e.g., Dunn v. U.S.(5th Cir. 1962)); I found versions of this in newspapers going back to 1931, though it may have been a familiar phrase even then.

Claims (1 extracted, 1 hedged)

Some colorful lawyer wisdom (see, e.g., Dunn v. U.S.(5th Cir. 1962)); I found versions of this in newspapers going back to 1931, though it may have been a familiar phrase even then. uncertain
it → see → 1931
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