Leopold and Loeb Trial - The Clarence Darrow Collection

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I have endeavored to present the latest scientific thought and investigation bearing upon the question of human conduct. I do not pretend to be an original investigator, nor an authority on biology, psychology or philosophy. I have simply been a student giving it such time and attention as I could during a fairly busy life. 49 Darrow was convinced that science had discovered the laws of human behavior just as science had discovered other natural laws: “My main effort is to show that the laws that control human behavior are as fixed and certain as those that control the physical world. In fact, that the manifestations in the mind and the actions of men are a part of the physical world.” 50 Darrow knew how his book would be viewed by many critics: I am fully aware that this book will be regarded as a plea or an apology for the criminal. To hold him morally blameless could be nothing else. Still if man’s actions are governed by natural law, the sooner it is recognized and understood, the sooner will sane treatment be adopted in dealing with crime. 51 Darrow viewed moral responsibility, free will, punishment, retribution as archaic concepts from an unenlightened past. He saw himself as part of a vanguard that clearly realized the true causes of crime, and he was convinced that society was progressing, although far too slowly, towards his view. There was a bit of hubris in Darrow’s faith that science and technology could explain how human beings think and behave. Leopold and Loeb’s crime was absolutely incomprehensible to Darrow. The two young killers had to have some mental illness in order to commit such a crime. It made no sense unless their minds were abnormal to some extent. Darrow was convinced that there was no such thing as free will. He tried to convince others in his writings and public presentations. In his book on crime he writes: “All the teaching of the world is based on the theory that there is no free will. Why else should children be trained with so much care? Why should they be taught what is right and what is wrong? Why should so much pains be taken in forming habits?” 52 Endocrinology Endocrinology was a specific medical field of investigation into human behavior much in vogue in the 1920s. Endocrinology was also referred to as the study of glandular activity. One adherent named the new science “‘the chemistry of the soul’” because the glandular 49 CLARENCE DARROW, CRIME: ITS CAUSE AND TREATMENT v (1922). 50 Id. at vi. 51 Id. at vii. 52 Id. at 27. 34
system was believed to have profound effects on human behavior. 53 A subfield of endocrinology focused on the causes of crime. An overview of endocrinology written in 1935 explains: Glands are divided into two main groups, those concerned with the drainage system and those that secrete products for use in bodily activity. The latter are also subdivided into those with ducts down which there discharges flow and the ductless or endocrine glands whose internal secretions are absorbed directly into the blood stream. These ductless glands are the ‘glands of destiny’ according to endocrinologists. . . . They also assert that these ductless glands are ‘the real governors and arbitrators of instincts and dispositions, emotions and reactions, character and temperament. Just as certain patterns are formed in the body by a particular arrangement of the ductless glands, so the mind also receives its pattern from the same source. A man’s nature is then chemically his endocrine nature. 54 Darrow a Proponent of Endocrinology Darrow clearly believed in the power that ductless glands held. In his book on the causes of crime, Darrow described in detail how physical processes in the body could impact the mind: All of his actions both as a child and as a man are induced by stimulation from without. He feels, tastes, sees, hears or smells some object, and his nerves carry the impression to his brain where a more or less correct registration is made. . . . All of these impressions are more or less imperfectly received, imperfectly conveyed and imperfectly registered. . . . Then, too, stimulated by these impressions, certain secretions are instantly emptied from the ductless glands into the blood which, acting like fuel in an engine, generate more power in the machine, fill it with anger or fear and prepare it to respond to the directions to fight or flee, or to any type of action incident to the machine. It is only within a few years that biologists had any idea of the use of these ductless glands or of their importance in the functions of life. Very often these ductless glands are diseased, and always they are more or less imperfect; but in whatever condition they are, the machine responds to their flow. 55 Man the Machine When the Leopold and Loeb case broke into the news and Darrow was called upon to try and save their lives, he was already steeped in the new science of endocrinology: 53 FRED E. HAYNES, CRIMINOLOGY 37 (reprint 2007) (2nd ed. 1935) [hereinafter HAYNES, CRIMINOLOGY]. 54 Id. 55 CRIME: ITS CAUSE AND TREATMENT, supra note 49, at 33-34. 35
Page 1 and 2: Introduction Leopold and Loeb Case
Page 3 and 4: endangered species. 5 The practice
Page 5 and 6: So thoroughly had Loeb ingratiated
Page 7 and 8: participate in some type of crime w
Page 9 and 10: Leopold knew of a great place to st
Page 11 and 12: victim. 14 At about 5:15 p.m., as t
Page 13 and 14: notify the police and they went to
Page 15 and 16: LARGE red brick factory situated im
Page 17 and 18: victim. They found a ready talker i
Page 19 and 20: most likely suspects. There were al
Page 21 and 22: early stage of the investigation su
Page 23 and 24: Leopold was asked what kind of type
Page 25 and 26: front seat and threw him on a rug i
Page 27 and 28: newly confessed murderers get “la
Page 29 and 30: were both in deep shock, as would b
Page 31 and 32: Accusations that the family was abl
Page 33: Illinois in 1917 who possessed many
Page 37 and 38: are scattered, disordered, unrelate
Page 39 and 40: ody was found in Lake Michigan. Wol
Page 41 and 42: Leopold early on displayed a concei
Page 43 and 44: phantasies but that he actually enj
Page 45 and 46: followed his example in staying cle
Page 47 and 48: evidence as to the youth of these d
Page 49 and 50: to show that Leopold and Loeb were
Page 51 and 52: Scopes trial, the NAACP considered
Page 53 and 54: White: “Well, I think he has made
Page 55 and 56: Court: “It would be public, if th
Page 57 and 58: showed no remorse, no regret, no co
Page 59 and 60: [U]nless we assume that every man w
Page 61 and 62: I was pretty well disgusted with my
Page 63 and 64: argued that “only gloating or boa
Page 65 and 66: Savage described the scene when the
Page 67 and 68: Darrow designated as a ‘roundup.
Page 69 and 70: Bobby Franks’ Murder not Cruel Da
Page 71 and 72: from its beginning, not one single
Page 73 and 74: Endocrinology Darrow was convinced
Page 75 and 76: and left after he was dead, but, yo
Page 77 and 78: But you cannot destroy thought beca
Page 79 and 80: From that day I have never gone thr
Page 81 and 82: ‘humanitarian,’ who believes in
Page 83 and 84: Take away the millions of the Loebs
Page 85 and 86:
Judge Forces “Ladies” to Leave
Page 87 and 88:
And if it is the fate of these two
Page 89 and 90:
Darrow had ridiculed Crowe’s argu
Page 91 and 92:
alone for these two young men. He s
Page 93 and 94:
have been possible to set up succes
Page 95 and 96:
losses since the Franks’ loss was
Page 97 and 98:
they never went away. This aspect o
Page 99 and 100:
Ed Lahey at the Chicago Daily News,
Page 101 and 102:
former Cook County Jail assistant w
Page 103 and 104:
motion for summary judgment and jud
Page 105 and 106:
It appears that most analysis of Da
Page 107 and 108:
Wigmore then identified the cause o
Page 109 and 110:
sufficient horror of that—everybo
Page 111 and 112:
stand).” 158 Another significant
Page 113 and 114:
discuss sex crimes against boys, as
Page 115 and 116:
through the mazes which only childh
Page 117 and 118:
aside completely the opinions of 12
Page 119 and 120:
when he was strangled with the tree
Page 121 and 122:
The defendant was convicted of a mu
Page 123 and 124:
In some very sensational cases in w
Page 125 and 126:
What is most disturbing about the m
Page 127 and 128:
A judge sentencing for a D.C.Code v
Page 129 and 130:
The remark was improper, and had th
Page 131 and 132:
overstepping the bounds of propriet
Page 133:
133
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Leopold and Loeb Trial - The Clarence Darrow Collection

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