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
1. Sentences by the Special Court in the first years after its
establishment had a strongly intimidating effect. Prompt and severe
punishment by the Special Court was dreaded. Moreover it was considered
particularly shameful to have been sentenced by the Special Court.
Since the focus of the entire system of criminal justice shifted in
the meantime from the ordinary courts (local courts, criminal sections
of district courts) to the Special Courts, a certain watering down of
the original conception of the Special Courts could not be entirely
avoided. Today the Special Courts basically are to be considered
merely as special divisions of the criminal courts, their verdicts no
longer having that full intimidating effect they had before. The only
essential difference from ordinary criminal jurisdiction is left in the
fact that there is no legal appeal remedy against verdicts of Special
Courts. The standing of Special Courts suffered from their having to
deal with comparatively small offenses such as small scale illegal
slaughtering, unauthorized fishing by a Pole, and the like.
2. The concentration of jurisdiction in political and other most
important criminal cases led at first to an essentially homogenous
and coherent jurisdiction. The establishment of new chambers in the
Special Courts and the increase of these courts tends to endanger
this homogenousness. Since the verdicts of Special Courts were not
regularly but rather casually published in the press, and since
equalizing measures were taken only recently, the jurisdiction of the
Special Courts, even of the individual chambers of one Special Court,
developed partly in a very different manner. The first chamber of one
Special Court, for instance, is reported to have punished the theft
of some items from a collection of textiles as the deed of a people’s
enemy with 4 years of penitentiary, while the second chamber of the
same Special Court in a very similar case imposed a sentence of only 8
months.
3. The strong increase of the number of Special Courts had brought
about that, due to the scarcity of apt candidates, the selection of
judges officiating in these courts could no longer be carried through
as carefully as it was done in the first years. While, in principle,
only professionally and in particular politically highly qualified
judges were supposed to work in Special Courts, the increase of
positions made it necessary to draft judges frequently from criminal
courts and civil sections who hardly were up to the required standards.
Quite a number of judges in the Special Court are not even members of
the Party.
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