Leopold case argues against both death and life sentences

May 21st marks the 91st anniversary of the Nathan Leopold, Richard Loeb 'thrill killing' of Loeb's 12 year old second cousin in Chicago's Kenwood neighborhood. The case is one of many termed the 'crime of the century' but probably deserves the honor for two reasons: it started the movement to end the death penalty, and, based on Leopold's amazing life during and after prison, argues eloquently against life imprisonment.

Graduate students at the University of Chicago in 1924, Leopold, 19, and Loeb, 18, fancied themselves Niettzschean supermen (Ubermenschen); men so gifted they were not bound by the normal laws of society. Their fascination with crime led them from petty theft to arson and finally murder, bashing in the head of young Loeb relative Bobby Franks. Satisfied they committed the 'perfect crime' it took only a week for their arrest and several months to sentence them, after pleading guilty, to life for murder plus 99 years for kidnapping.

Had they been poor and/or black, Leopold and Loeb would have surely been executed. But they were rich and white; allowing them to hire the 'attorney for the damned', Clarence Darrow, who took their case to promote his opposition to the death penalty. His 12 hour summary convinced the judge in their sentencing hearing, resulting in seemingly certain life in prison. Their landmark case began the long journey to abolish capital punishment; gone now in 18 states.

Loeb was killed by a fellow inmate in 1936. Leopold, a genius, furthered his already considerable education, adding 12 languages to the 15 he'd already mastered. He made significant contributions to improving conditions at Statesville Penitentiary, including reorganizing the prison library, revamping the schooling system, teaching its students, and volunteering in the prison hospital. In 1944, Leopold served as guinea pig for a Statesville Penitentiary Malaria study. He was deliberately inoculated with malaria pathogens and then subjected to multiple experimental malaria treatments.

Leopold's exemplary conduct won him parole in 1958 after serving 34 years. He relocated to Puerto Rico where he became an X-Ray technician in a church hospital. He went on to earn a master's degree and taught at the University of Puerto Rico, became a researcher in social services in Puerto Rico's health department, did research in leprosy, urban renewal and housing, and traveled extensively to research a book he published on Puerto Rican birdlife. He also married a widow in 1961 who was with him till his death at 66 in 1971.

Regardless of how exceptional Nathan Leopold's case may be for abolishing capitol punishment, our sentencing guidelines should also be modified to offer a path for similar offenders to demonstrate both their rehabilitation and their readiness to rejoin society at some point. Nobody lost when Nathan Leopold was paroled after 34 years. No potential murderer thought that 34 years imprisonment was a fair trade to kill someone. As much as Nathan Leopold gained from his freedom, society achieved even more.

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