The Santa Clara All-Stars Retry Clarence Darrow

A group of all star lawyers and judges will re-enact People v. Clarence Darrow, as part of the University of Santa Clara School of Law centennial celebration. 

Chief Judge of the 9th Circuit Alex Kozinski will play Judge George Hutton. Defense Attorney Michael Tigar will be Darrow's defense attorney Earl Rogers. 9th Circuit Judge Stephen Trott will take on the role of John Fredericks, prosecutor and politician. The juicy role of Clarence Darrow goes to U.S. District Court Judge Charles Breyer (yes, brother of the Supreme Court Justice).

More here at the School's website, and here, on the trial, by the Honorable Robert L. Gottsfield.

Anniversary of the Scopes Indictment

May 25, 1925, a grand jury indicted John T. Scopes for violating a Tennessee law (passed only two months before) against the teaching of evolution (the Butler Act; repealed in 1967).  Clarence Darrow undertook Mr. Scopes' defense, while the prosecution enlisted William Jennings Bryan to direct its case. While the jury hearing the case ultimately convicted Scopes, Tennessee's Supreme Court overturned the conviction on the grounds that the judge, rather than the jury, had imposed the penalty.



John T. Scopes

Jerome Lawrence and Robert E. Lee dramatized the trial, somewhat disguising the principals as Henry Drummond (Darrow), Matthew Harrison Brady (Bryan), Bertram T. Cates (Scopes), and E. K. Hornbeck (H. L. Mencken, the famed journalist who covered the trial). The playwrights noted that while their work took the Scopes trial as its departure point it was also an indictment of the McCarthyism that swept the country in the early and mid-1950s. The play made its debut on Broadway in 1955 and was first filmed in 1960.  It has been made for television three times, in 1965, 1988, and 1999, and is a staple for repertory companies and local theater groups.

Links:

Copy of the original New York Times story discussing Scopes indictment here
Mencken's article discussing likelihood of Scopes' conviction
Professor Doug Linder's excellent Famous Trials website with more information on the trial here

Leopold and Leob in History and Popular Culture

Edward Larson, Pepperdine University School of Law, has published An American Tragedy: Retelling the Leopold-Loeb Story in Popular Culture, at 50 American Journal of Legal History 119-156 (April 2008/2010). Here is the abstract.

This Article scans the cultural history of an American tragedy: the Leopold and Loeb murder case. In what has widely been referred to as "the crime of the century," teenagers Richard Loeb and Nathan F. Leopold, Jr., under the counsel of the experienced and successful defense attorney Clarence Darrow, pled guilty to the 1924 abduction and murder of Bobby Franks, a child of a wealthy Chicago family. Due to Darrow's advocacy, both defendants were spared the death penalty, and given life sentences instead. Sensational details about the crime, the suspects, and the criminal proceedings were enthusiastically reported by the six daily newspapers published in Chicago during this time.

This Articles focuses on the evolution of several distinct personas of the suspected killers, three of which were created by the print media as they covered the story from confession to sentencing. One of the personas developed by newspaper articles was that of both suspects, but particularly Leopold, as self-conceived Nietzschean supermen, exempt from normal moral, ethical, and legal standards. Later, this persona was more fully developed in popular novels and major motion pictures based on the Leopold and Loeb story. The second persona developed by the print media is that of the precocious teenage thrill-seekers. This persona, which was seen to exemplify the indulged, immoral youth culture of the 1920s that was enjoyed by wealthy young men, was also later developed in artistic interpretations of the story of the crime. The print media also presented a third persona in its stories about the criminal proceedings against Leopold and Loeb. With the assistance of East Coast alienists who adopted a Freudian approach to psychology, as well as two physicians, defense attorney Darrow created and developed this third persona during the hearing - that of deeply disturbed youth who were emotionally unable to control their actions. Darrow used this image of Leopold and Loeb as deeply troubled boys to persuade the judge to not sentence the defendants to death. It has reappeared in later artistic presentations of the episode.

In addition to the three personas developed in the print media, the Article also discusses two other personas that have evolved since the original events took place in 1924. Toward the end of the twentieth century, the sexual aspect of Leopold's and Loeb's relationship was subject to increased scrutiny. With this came the development, through plays, movies and other artistic portrayals of the events leading up to the crime, of a gay persona for both Leopold and Loeb; particularly, a persona of repressed lovers. Finally, Leopold himself, in telling his own story through magazine articles and a popular autobiography, created for himself a new persona: that of a model prisoner who deserved parole.

The highly publicized crime, prosecution, and punishment of Leopold and Loeb have served as a seemingly endless source of material and inspiration for American writers, dramatists, and social commentators. Because of continued interest in these events, they, together with attorney Clarence Darrow, have remained celebrities whose stories have inspired novelists, playwrights, poets, essayist and artists well into the new century. Perhaps more than any other trial in American history, the Leopold and Loeb case has served as an ongoing inspiration for the American imagination.

Download the article from SSRN at the link.