Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume IIIVarious
History
Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume III
Various
Nuremberg Trial of Major German War Criminals, Nuremberg, Germany, 1945-1946; War crime trials -- Germany -- Nuremberg
“The knowledge principle has practically little application
here, though it would be available to show a knowledge of the
nature and injurious effect of a lethal weapon.”[57]
We point out that in this case “knowledge of the nature and injurious
effect of a lethal weapon” is of first importance. The defendants had
full knowledge of the character of this lethal weapon--a judicial
system deliberately fashioned into a headman’s axe. In fact, most of
them directly and actively fashioned it. Consequently, under each
of the categories of the substantive law of murder, which we have
heretofore expounded, and particularly under the second, proof of prior
acts, including crimes of those defendants and of others of which they
had knowledge, are clearly relevant.
The same type of evidence shall be offered under the following rule
relating to the intent principle:
“The intent principle receives constant application; for the
intent to kill is in homicide practically always in issue, and
is to be proved by the prosecution, and the recurrence of other
acts of the sort tends to negative inadvertence, defensive
purpose, or any other form of innocent intent. For this purpose,
therefore, the evidence is receivable irrespective of whether
the act charged is itself conceded or not * * *.”[58]
Also the rule of anonymous intent authorizes the introduction of proof
of such other crimes and of the crimes of others.
“The principle of anonymous intent finds occasional application,
particularly in poisoning cases. Other instances of death
by poison under somewhat similar circumstances serve to
negative the supposition of inadvertent taking or of mistaken
administration, even though the person responsible for the
other poisonings is not identified; and thus, a criminal intent
having been shown for the act charged, by whomsoever done, the
defendant may be then shown to be its doer.”[59]
This Court shall be called upon to determine whether a so-called
judicial execution was a true judicial decision or poison handed the
defendant in a disguised chalice having the exterior appearance of
judicial purity. When we produce innumerable cases of such acts, can
a defendant be heard to say he did not know his monstrous chalice was
lethal and intended it so to be?
Also the principle of design or system is applicable for identical
reasons.
“The principle of design or system finds here frequent
application. It supposes that a design or plan in the defendant
is to be shown, as making it probable that the defendant carried
out the design or plan and committed the act; and it receives
former similar acts so far as through common features they
naturally indicate the existence of such a plan, design, or
system, of which they are the partial fulfillment, or means.
This principle is fully recognized in the precedents * * *.”[60]
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