The Loeb-Leopold case - The Clarence Darrow Collection

The Loeb-Leopold Case
A person with mental disease likewise has a lack
of fixed social habits. Mental disease is primarily
the inability on the part of the person suffering to
make a successful adjustment to the environment
in which he lives and, therefore, a person suffering
from a mental disease is in relatively the same posi-
tion as a child who has not been able, by reason of
lack of time, lack of experience, lack of opportunity,
to form fixed social habits, and make proper adjust-
ments to a complex world.
In view of these facts it has been judicially recog-
nized by the Supreme Court of Nebraska in Tracy
vs. The State, 64 N. W., io6g, that youth, diseased
mental condition, and numerous other factors of a
similar character, should be taken into consideration
by the court in fixing the punishment.
Your Honor has ruled that such evidence is ad-
missible on the question of mitigation of punish-
ment, and I take it, in view of that ruling, and in
view of that case, which is the only case squarely
passing upon the question, we have a right to assume
that if the defense has established mental disease in
this case, the defendants are entitled to have your
Honor consider it as a mitigating circumstance
here.
The State's Attorneys have laid much stress upon
the proposition that your Honor ought to follow
the law and an attempt has been made to give the
impression that there is some sort of a legal prece-
dent somewhere which requires your Honor to im-
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