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 Tribunal finds that von Schirach, while he did not
originate the policy of deporting Jews from Vienna, participated
in this deportation after he had become Gauleiter of Vienna.
He knew that the best the Jews could hope for was a miserable
existence in the ghettos of the East. Bulletins describing the
Jewish extermination were in his office.”[47]
It seems clear from these cases that there need be no prearrangement
with, or subsequent request by, the person or persons who actually
commit the crime and a defendant, to make him guilty as the IMT
interpreted the words “being connected with.” It would appear to be
sufficient that the defendant knew that a crime was being committed,
and with that knowledge acted in relation to it in any of the
relationships set out in paragraph 2 of article II which we have
heretofore been discussing.
We think it is also helpful to call to the attention of the Court one
rule of evidence by which the existence of a conspiracy, that is, the
relationship of individuals to the doing of the overt act, is held to
be established.
The case from which we quote arose out of the activities of the Ku
Klux Klan during the height of its power in Indiana. The people of
the United States, on that occasion, at least, had enough courage and
foresight not to let that organization acquire the control of all of
its judicial system, the way the people of Germany let these defendants
and their fellow Nazis acquire control of and pervert theirs.
Consequently, our incipient Nazis were tried. The court in the cited
case held that the proof of the doing of the overt act was in itself
evidence of the intent of the conspirators to commit the act so as to
establish their intent to conspire. I quote from the decision:
“True it is, that if the evidence is as consistent with the
innocence of the appellant as with his guilt, no conviction can
be had. It is equally true that overt acts of the parties may be
considered with other evidence and attending circumstances in
determining whether a conspiracy exists, _and where the overt
acts are of the character which are usually, if not necessarily,
done pursuant to a previous scheme and plan, proof of the acts
has a tendency to show such preexisting conspiracy, so that when
proved they may be considered as evidence of the conspiracy
charged_.”[48]
We point out that proof of murders, enslavement, kidnapping, and
mayhem, which are a few of the crimes committed through the device of
a so-called legal and judicial process, are competent evidence that
the preceding acts which perverted a judicial system into a means for
committing such crimes were part of a plan and enterprise to make the
commission of those crimes possible.
PRESIDING JUDGE MARSHALL: You are not giving the citation of
the Indiana case?
MR. LAFOLLETTE: I beg your pardon, Your Honor. It’s a C.C.A.
case.
PRESIDING JUDGE MARSHALL: What was the page of the Federal
second?
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