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The Loeb-Leopold case - The Clarence Darrow Collection

The Loeb-Leopold case - The Clarence Darrow Collection

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

the court is required by the law of the land to fix<br />

the punishment.<br />

Mr. <strong>Darrow</strong>: Turpitude of the party, isn't it?<br />

<strong>The</strong> word turpitude doesn't attach to an act, does<br />

it?<br />

Mr. Marshall: It characterizes it or describes<br />

it.<br />

it?<br />

Mr. <strong>Darrow</strong>: It describes the person, doesn't<br />

Mr. Marshall: <strong>The</strong>re is in this <strong>case</strong> not even a<br />

reasonable doubt of the sanity of these defendants<br />

because that is included in the plea of guilty. That<br />

covers the whole field of responsibility, and leaves<br />

open entirely and with no evidence in mitigation<br />

before the court, the facts and circumstances, the<br />

viciousness, the depravity, in the language of<br />

the Supreme Court, the " turpitude " of the act<br />

itself.<br />

Now, as a tangent to this responsibility, we have<br />

it in evidence in the <strong>case</strong> that <strong>Leopold</strong>, Jr., asserted<br />

himself to be a superman, believed that he was<br />

above the law, that if he thought it right to commit<br />

a murder, then so far as he was concerned it was<br />

right. This was his philosophy, based upon his<br />

views of the Nietzschean doctrines.<br />

Your Honor, we have had in this State one out-<br />

standing great criminal trial prior to this one. I<br />

refer to the Anarchists Case. <strong>The</strong> anarchists also<br />

had their philosophy.<br />

45

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