Judgment at Nuremberg Page #4
- NOT RATED
- Year:
- 1961
- 186 min
- 3,985 Views
He was always a man of great intelligence.
He was a man born with the qualities
Would you tell us
from your own experience...
the position of the judge in Germany
prior to the advent of Adolf Hitler.
The position of the judge
was one of complete independence.
Now, would you describe
the contrast, if any...
after the coming to power
Judges became subject
to something outside of objective justice.
They became subject to what was necessary
for the protection of the country.
Would you explain this, please?
The first consideration of the judge...
became the punishment of acts
against the state...
rather than objective consideration
of the case.
And what other changes were there?
The right to appeal was eliminated.
The Supreme Court of the Reich
was replaced by...
People's and Special Courts.
The concept of race
was made a legal concept for the first time.
And what was the result of this?
The result?
The result was
to hand over the administration of justice...
into the hands of the dictatorship.
Now, Dr. Wieck...
Col. Lawson, I would like
to ask a few questions.
Did the judiciary protest these laws
abridging their independence?
A few of them did.
Those who did resigned,
or were forced to resign.
Others adapted themselves
to the new situation.
Do you think the judiciary was aware
of the consequences to come?
At first, perhaps not.
Later it became clear to anyone
who had eyes and ears.
Thank you.
Now, would you please describe for us
It was characterized by...
an ever-increasing inflation
of the death penalty.
Sentences were passed
against defendants...
just because they were Poles, or Jews,
or politically undesirable.
Novel National Socialist measures
were introduced.
Among them...
sexual sterilization for those
who were categorized as asocial.
Did it become necessary for judges...
to wear any distinctive mark
The so-called Fuehrer's Decree...
required judges to wear the insignia
of the swastika on their robes.
- Did you wear such an insignia?
- No.
I would have been ashamed to wear it.
Did you resign in ?
Yes, sir.
Did Ernst Janning wear a swastika
on his robe?
Yes.
That's all. Thank you.
Herr Rolfe.
You used the phrase, "What was necessary
for the protection of the country."
Will you explain for the tribunal...
the conditions in Germany at the time
National Socialism came to power?
What conditions?
Would you say
there was widespread hunger?
Yes.
Would you say there was internal disunity?
Yes.
Yes.
Was it the third-largest party in Germany?
Yes.
Would you say...
that National Socialism helped to cure
some of these conditions?
Yes, but at a terrible price...
Please confine yourself
to answering the questions only.
Therefore, was it not possible
that a judge might wear a swastika...
and yet work for what he thought was best
for his country?
No. It was not possible.
You were not in the administration...
from the years to ...
by your own admission.
Is it not possible
that your view of the administration...
might be distorted?
No. It is not.
How can you testify about
what was going on in the administration...
if you were not there?
I had many friends
in the legal administration.
There were journals and books.
From journals and books?
I see.
You referred to:
"Novel National Socialist
measures introduced...
"among them sexual sterilization."
Are you aware that sexual sterilization
was not invented by National Socialism...
but had been advanced for years before
as a weapon...
in dealing with the mentally incompetent
and the criminal?
Yes. I am aware of that.
Are you aware that it has advocates
among leading citizens in other countries?
I am not an expert on such laws.
Then permit me to read one to you.
This is a High Court opinion...
upholding such laws in existence
in another country.
And I quote:
"We have seen more than once
that the public welfare...
"may call upon the best citizens
for their lives.
if it could not call upon those...
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