Clarence Darrow - Biography - Leopold and Loeb

Leopold and Loeb

In the summer of 1924, Darrow took on the case of Leopold and Loeb, the teenage sons of two wealthy Chicago families who were accused of kidnapping and killing Bobby Franks, a 14-year-old boy from their stylish Kenwood neighborhood. Nathan Leopold was 19 and Richard Loeb was 18 when they were arrested. Leopold was a law student at the University of Chicago about to transfer to Harvard Law School. Loeb was the youngest graduate ever from the University of Michigan. When asked why they committed the crime, Leopold told his captors: "The thing that prompted Dick to want to do this thing and prompted me to want to do this thing was a sort of pure love of excitement... the imaginary love of thrills, doing something different... the satisfaction and the ego of putting something over."

The Chicago newspapers labeled the case the "Trial of the Century" and Americans around the country wondered what could drive the two young men, blessed with everything their society could offer, to commit such a depraved act.

The killers were arrested after a passing workman spotted the victim's body in an isolated nature preserve near the Indiana border just half a day after it was hidden, before they could collect a $10,000 ransom. Nearby were Leopold's eyeglasses with their distinctive, traceable frames, which he had dropped at the scene.

Leopold and Loeb made full confessions and took police on a grim hunt around Chicago to collect the evidence that would be used against them. The state's attorney told the press that he had a "hanging case" for sure. Darrow stunned the prosecution when he had the killers plead guilty in order to avoid a vengeance-minded jury and place the case before a judge. The trial, then, was actually a long sentencing hearing in which Darrow contended, with the help of expert testimony, that Leopold and Loeb were mentally diseased.

Darrow's closing argument lasted 12 hours. He repeatedly stressed the ages of the "boys" (before the Vietnam War, the age of majority was 21) and noted that "never had there been a case in Chicago where on a plea of guilty a boy under 21 had been sentenced to death." His famous plea was designed to soften the heart of Judge John Caverly, but also to mold public opinion, so that Caverly could follow precedent without too huge an uproar. Darrow succeeded. Caverly sentenced the killers to life plus 99 years. Darrow's closing argument "was something of a popular bestseller, in various editions, during the late 1920s and early 1930s. It was reissued at the time of Darrow's death."

The Leopold and Loeb case raised, in a well-publicized trial, Darrow's lifelong contention that psychological, physical, and environmental influences—not a conscious choice between right and wrong—control human behavior. The public got an education in psychology and medicine and, because Leopold was an admirer, the philosophy of Friedrich Wilhelm Nietzsche.

During the Leopold-Loeb trial, the newspapers claimed that Darrow was presenting a "million dollar defense" for the two wealthy families. Many ordinary Americans were angered at his apparent greed. He had the families issue a statement insisting that there would be no large legal fees and that his fees would be determined by a committee composed of officers from the Chicago Bar Association. After trial, Darrow suggested $200,000 would be reasonable. After lengthy negotiations with the defendants' families, he ended up getting some $70,000 in gross fees, which, after expenses and taxes, netted Darrow $30,000.

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