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The Loeb-Leopold case - The Clarence Darrow Collection

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<strong>The</strong> <strong>Loeb</strong>-<strong>Leopold</strong> Case<br />

Q. Now, which is responsible for the murder in this <strong>case</strong>;<br />

the emotional man or the intellectual man?<br />

A. Well, you cannot split a man up that way into two<br />

parts. When the man acts he acts as a whole.<br />

Q. Well, where does the crime originate, in the emotions<br />

or in the intellect?<br />

A. <strong>The</strong> emotions represent psychologically the instinctive<br />

drives of the individual. We would say action originated in<br />

the drive of the instincts. But that I don't believe would be<br />

a complete statement of the situation.<br />

Q. Will you explain how such an emotional infantile character<br />

as <strong>Loeb</strong> could appear so normal in all of his human<br />

contact?<br />

A. Unfortunately that is a very common experience with<br />

these people.<br />

Q. In your opinion did Richard <strong>Loeb</strong>, who appeared normal,<br />

yet had partaken in planning this murder to the minutest<br />

detail, have the power of choosing to carry out that plan or<br />

not? Answer yes or no.<br />

A. I can't answer it yes or no.<br />

Mr. Crowe: Answer it any way you want to.<br />

A. Whether he could have avoided doing it or not is<br />

largely a metaphysical question. He did not avoid doing it,<br />

and so far as I can see inside of him, the powers that were<br />

at work within him at least impaired his capacity to choose<br />

very materially.<br />

Q. Are you able to tell from your examination of Richard<br />

<strong>Loeb</strong> whether or not on the 21st day of May, 1924, he knew<br />

the difference between right and wrong?<br />

A. He knew intellectually that murder was proscribed by<br />

the law.<br />

Q. Did he know it was morally wrong?<br />

A. He had no adequate feeling attitude toward its moral<br />

wrongfulness.<br />

Q. But did he have sufficient capacity to refrain from<br />

killing?<br />

A. I don't know.<br />

Q. Doctor, from your examination of Nathan <strong>Leopold</strong>, Jr.,<br />

17

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