Term paper on Response To Clarence Darrow

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Response to Clarence Darrow:

Organization and Development of Arguments in Response to Darrow’s Henry Sweet and Leopold and Loeb Cases

In responding to Clarence Darrow’s arguments in the Henry Sweet case and in the Leopold and Loeb case, there are some considerations that would have to be addressed in the same manner in both cases. The cases however, differ in many ways that would result in very different responses to the cases. An advocate opposing Darrow would face two factors described above. First, simply opposing Darrow creates some necessary response by the advocate, covered by those arguments that remain constant in the two cases. Second, individual aspects of each case dictate specific response by an advocate, which is covered by those arguments that differ in each case. Opposing Darrow would be a daunting task for any attorney, but winning a case against him would not be impossible if the advocate minds both his opponent and his argument.

General Response to Darrow:

In responding to Darrow generally, there are a number of things that an advocate would have to keep in mind. The advocate would have to be aware of his own presence in the courtroom and how that plays against Darrow’s, factors in the case would likely play into this as well. The advocate should show respect for Darrow. He should further point out the aspects of Darrow’s arguments as to neutralize them.

In any trial, and especially any trial against Darrow, it is important to examine the presence that the advocate opposing Darrow has and mold it so that it can stand up to his or use an attorney who does have a presence that can stand up to Darrow’s if possible. This point will be covered more in relation to each individual case.

In addressing his opponent, an advocate facing Darrow would do best to recognize Darrow’s prowess. This should be done early, but carefully. It should be done largely through simple respect for, but not deference to, Darrow. While recognizing Darrow’s skill, it is important not to place the opposing attorney in a subservient position. The opposing attorney does not want to diminish his own prowess. Taking an aggressive stance against Darrow personally is not likely to yield results, as he is skilled enough to turn that aggression against the aggressor.

Beyond a generally respect full attitude towards Darrow, the opposing advocate would have to acknowledge his skill in argumentation. That is the advocate should not just ignore Darrow’s arguments and proceed on the weight of his own. It is important for the advocate to expose Darrow’s arguments and respond to them. This should be done in a manner that points out the arguments being made and responds to them, but does not degrade Darrow himself. Undertaking such a task would not only be difficult, it would be tempting to use a bland list type format, taking on Darrow’s points one by one. This type of response must be avoided. In contrast with Darrow, this type of response would be ineffective. Any response lacking a compelling pathos will fail against Darrow.

Responding to Darrow in the Leopold and Loeb Case:

The first issue to be addressed in the Leopold and Loeb Case is who should represent the state. This case is being in an unusually manner; Not only is it being tried in front of a judge, but it is only the sentencing phase, with the defense already stipulating the guilt of the defendants. For these reasons, as well as the fact pattern and the possibility of the death sentence, this case is somewhat intellectual. It is a case that needs an advocate that presents himself as wise, not just smart. The state is attempting to put two young men to death and the judge will want to see more than a zealous prosecution and black letter law; wisdom or the appearance of would help the prosecution. For this reason I would not recommend that someone like me, young, female, try this case for the prosecution, especially in 1924. The prosecution would want to present someone who had a strong presence in the courtroom that conveyed confidence, but not over zealousness. Or what’s better they would like to present someone who was resected with in the legal community as evenhanded and wise. The prosecution needs to temper their drastic request for the death of the boys with wisdom, level headed reason and a bit of emotion.

After establishing the presence of the advocate and his respect for Darrow, the prosecution should find a theme to run through their response to Darrow. This response should be centered on the case, not Darrow himself, nor his argument. In the Leopold and Loeb Case, the prosecution could use at theme that Darrow used, but spin it. Darrow argues that there was no motive for the crime and therefore the boys should not be put to death. The prosecution could point to just that fact as a reason to instate the death penalty, as will be developed further.

Some minor points that would further the emotional appeal of the defendant’s case would be not to refer to the defendants as men or boys when ever possible, as both point out their age. At first calling them men might be appropriate, but doing so and looking at them at the same time might point out that they were not men and calling them boys gives into the defense in part. The prosecution should refer to the defendants by name, probably last name with no “Mr.” as to objectify them. The prosecution might in the way of persuasion might try to emit an attitude that the death penalty is the nature end to this type of case and that the defense must prove otherwise. This is delicate; it cannot be said outright, it should be an attitude. It could backfire easily, but might be able to be pulled off by some attorneys. Emotional appeal should be kept to the minimum necessary to convince the judge that the death penalty is necessary as it is the judge himself who is hearing and deciding the case.

The argument presented by the prosecution should be orderly and reasoned. It should contain some emotional appeal, as this is not a cut and dry case. The emotion should be muted as compared to a jury trial, with the most important result of the muting being avoiding insulting the intelligence of the judge. The type of argument that would be recommended to the prosecution follows as well as some explanation.

The prosecution should begin with something that acknowledges the seriousness of the issue at hand and their primary reason for requesting the death penalty. It could be something like:

It is hard to ask for the death penalty, but here was must. It is not okay for any person to kill another for no other reason but sport. This may be the worst and most dangerous kind of killing. We cannot allow for the proliferation of this behavior. To not enforce the death penalty in this case is a mandate for leniency in the punishment of those who hill their fellow man for sport.

This may be a little charged for presentation to a judge, but for an opening it would work so long as the advocate continued by supporting the position with logical argument.