examined the specifics of the murder, reviewed the testimony of Leopold and Loeb, and assessed the facts of the case. Due to overwhelming evidence against the two boys and their confessions to the murder, Darrow decided (a day before the trial) that he would make a surprise yet sorrowful maneuver. Knowing he could not win the case if Leopold and Loeb pleaded “not guilty,” the boys were to plead “guilty” to the kidnapping and murder charges, guaranteeing them a sentence of either life imprisonment or death by execution. The next best thing Darrow could do for Nathan and Richard was ensure that the boys did not get the death penalty. Another tactical move by Darrow was to request a trial without a jury. That is, the judge alone would determine the sentence. The judge agreed with Darrow that a non-jury trial would be more appropriate. Before the judge made his decision to eliminate the jury, the prosecution felt confident that they had an emotionally influential case. “They [the prosecution] knew that any jury would react with horror at the bloody details of the crime, because a jury is made of ordinary emotional people. The members of the jury would be deeply affected by the testimony, and they would be likely to vote for the death penalty”(David 32). Now, the prosecution had to almost entirely redirect their course of action. No longer could they rely on the sentiments of a jury. Now that the judge would determine the sentence of Leopold and Loeb, Darrow had to contemplate other issues. Without a jury, the insanity plea could not be used. Darrow needed to prove that Leopold and Loeb were mentally impaired at the time of murder and indeed unaware of their actions throughout the scheme of events. Darrow had to convince the judge that Leopold and Loeb committed the murder because of their mental conditions and immaturity. “Never before had evidence of a defendant’s mental condit...
