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
Before the Nazis came to power, all organizations of jurists consisted
of members of all political parties and creeds. Their officers were
eminent scholars or jurists, and many of them had a high international
reputation. Their yearly meetings acted according to democratic
principles without interference from the executive branch of the
government.
Legal education and training in Germany maintained high standards.
After studying law for 3 or 4 years at a law school of one of the
State universities, the candidate served a law apprenticeship, lasting
another 3 or 4 years, at various courts and law firms. Only then was
he admitted to the Great State Examination, known as the Assessor
Examination, which might be compared with our bar examination. The
successful completion of this examination was the legal prerequisite
for any appointment as judge, public prosecutor, or higher civil
servant, or for admittance to the bar. The men and women who had passed
this examination were highly respected by the German populace.
b. The Impact of Nazism
In the years immediately preceding the establishment of the Third
Reich, the National Socialist Party started a nationwide campaign
directed against the legal profession. The Nazi leadership realized
that they could not gain absolute dictatorship by the seizure of the
government alone, but that they must also completely subjugate German
legal life. As an affiliate of the Nazi Party, a National Socialist
German Jurists’ League (Bund Nationalsozialistischer Deutschen
Juristen) known as the BNSDJ, was formed in 1928 by the late Hans
Frank. In 1931, the members of this organization, then about 600 in
number, or less than 1 percent of all German jurists, were instructed
to report on the political attitude and behavior of judges and lawyers.
The general attitude of the Nazi Party toward independent judges was
reflected in the statement--
“One day, we will forget the independence of the judges which
has no significance in itself.”[62]
There were many other occasions when Hitler and his henchmen expressed
their distaste for law and the legal profession.
Immediately after the Nazis came to power, they started to pervert
German legal life and to develop it as a tool of the totalitarian
machine. This was accomplished in part by measures which have already
been described, such as the dismissal of judges, prosecutors, and
Ministry officials considered politically unreliable, and by depriving
judges of the guaranties of independence and immunity from removal from
office.
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