Trial 3 - Justice Case - Phillips Nuremberg Trials Collection - LibGuides at University of Georgia School of Law

Summary of Charges

The defendants in this case were 16 German jurists and lawyers. Nine had been officials of the Reich Ministry of Justice, the others were prosecutors and judges of the Special Courts (Sondergerichte) and People's Courts (Volksgerichtshof) of Nazi Germany. They were — amongst other charges — held responsible for implementing and furthering the Nazi "racial purity" program through the eugenic and racial laws.

Counts: 1) Conspiracy; 2) War Crimes; 3) Crimes Against Humanity; and 4) Membership in the SS

Office designations

Ministerialdirektor - head of a government department; secretary
Ministerialrat - assistant department head, assistant secretary
Reichsanwalt - lawyer, attorney
Staatssekretaer - undersecretary

Movie Inspiration

The 1961 Academy award winning movie Judgment at Nuremberg was inspired by this trial. The character portrayed by Burt Lancaster was loosely based on defendant Franz Schlegelberger. The character portrayed by Werner Klemperer (Col. Klink of Hogan's Heroes) was loosely based on defendant Oswald Rothaug. William Shatner is also featured in this clip.

Materials from the Library

Hitler’s Courts: Betrayal of the Rule of Law in Nazi Germany by Joshua M. Greene
Video
Hitler's Justice by Ingo Muller
By presenting one horrific perversion of justice after the other, Müller effectively destroys one pious myth to be found in post-war legal literature--that judges never wavered from the positivistic tradition of German law and did no more than apply existing codes.
Nazi Justiz: Law of the Holocaust by Richard L. Miller
Using original decrees, court decisions and first-hand recollections of participants, this work documents how the German legal system transformed itself into a criminal organisation. It demonstrates how the legal system shaped everyday life and how the business community benefited from the Holocaust.
Skeleton of Justice by Edith Roper
Ebook
For three years newspaper reporter Edith Roper covered the Nazi courts. When she was allowed to leave Germany she brought her notes and records with her. The Propaganda Ministry expected her to "enlighten the world about the progress in German jurisprudence." Instead she, along with Clara Leiser who translated and helped arrange the materials, showed the truth of Nazi justice.

Trial Records

Style of the case: United States of America v. Josef Altstötter, et al.

Indictment filed: 4 January 1947

Trial dates: 5 May 1947 - 13 October 1947

NMT 3 Judges: Carrington T. Marshall (Ohio) (presiding judge); James T. Brand (Oregon) ; Mallory B. Blair (Texas); and Justin Woodward Harding (Ohio) (alternate judge).

Chief Prosecutor: Charles M. LaFollette

Judgment: 3 December 1947

Sentencing: 4 December 1947

Defendants	Position	Sentence
Josef Altstötter	Chief of the Civil Law and Procedure Division of the Reich Ministry of Justice; Oberfuehrer in the SS	5 years, incl. time served; released 1950
Wilhelm von Ammon	Ministerial Counsellor of the Criminal Legislation and Administration Division of the Reich Ministry of Justice and coordinator of proceedings against foreigners for offenses against Reich occupational forces abroad	10 years, incl. time served; released 1951
Paul Barnickel	Senior Public Prosecutor of the People's Court Sturmfuehrer in the SA	acquitted
Hermann Cuhorst	Chief Justice of the Special Court in Stuttgart Chief Justice of the first Criminal Senate of the District Court in Stuttgart; Member of the Leadership Corps of the Nazi Party at Gau executive level; sponsoring member of the SS	acquitted
Karl Engert	Chief of the Penal Administration Division and of the secret Prison Inmate Transfer Division of the Reich Ministry of Justice; Oberfuehrer in the SS; Vice Presdent of the People's Court Ortsgruppenleiter in the NSDAP Leadership Corps	mistrial declared due to illness
Günther Joel	Legal Adviser to the Reich Minister of Justice concerning criminal prosecutions; Chief Public Prosecutor of Westphalia at Hamm Obersturmbannfuehrer in the SS Understurmbannfuehrer in the SD	10 years, incl. time served
Herbert Klemm	State Secretary of the Reich Ministry of Justice; Director of the Legal Education and Training Division in the Ministry of Justice; Deputy Director of the National Socialist Lawyers League Obergruppenfuehrer in the SA	lifetime imprisonment
Ernst Lautz	Chief Public Prosecutor of the People's Court	10 years, incl. time served
Wolfgang Mettgenberg	Representative of the Chief of the Criminal Legislation and Administration Division of the Reich Ministry of Justice, particularly supervising criminal offenses against German occupational forces in occupied territories	10 years, incl. time served
Günther Nebelung	Chief Justice of the Fourth Senate of the People's Court Strumfuehrer in the SA Ortsgruppenleiter in the NSDAP Leadership Corps	acquitted
Rudolf Oeschey	Judge of the Special Court in Nurnberg and successor to the defendant Rothaug as Chief Justice of the same court Member of the Leadership Corps of the Nazi Part at Gau executive level Executive of the National Socialist Lawyers League	lifetime imprisonment
Hans Petersen	Lay Judge of the First Senate of the People's Court Lay Judge of the Special Senate of the People's Court Obergruppenfuehrer in the SA	acquitted
Oswald Rothaug	Senior Public Prosecutorof the People's Court Formerly Chief Justice of the Special Court in Nurnberg Member of the Leadership Corps of the Nazi Party at Gau executive level	lifetime imprisonment; released 22 December 1956
Curt Rothenberger	State Secretary of the Reich Ministry of Justice; Deputy President of the Academy of German Law Gaufuehrer of the National Socialist Lawyers League	7 years, incl. time served
Franz Schlegelberger	State Secretary Acting Reich Minister of Justice	lifetime imprisonment; released 1950
Carl Westphal	Ministerial Counsellor of the Criminal Legislation and Administration Division of the Reich Ministry of Justice Officially responsible for questions of criminal procedure and penal execution within the Reich Ministry coordinator for nullity pleas against adjudicated sentences	committed suicide 1946 after the indictment, but before the beginning of the trial.

AVAILABLE DOCUMENTS

Indictment
The Case Against Nazi Jurists, address by prosecutor Charles M. LaFollette
Opening Statement for the United States of America
Closing Argument for Prosecution
Judgment
Correction Sheet, dissenting opinion of Judge Mallory B. Blair

Trials of War Criminals Before the Nuernberg Military Tribunals Under Control Council Law No. 10

The 15-volume series, also known as “The Green Series,” focuses on the 12 trials of almost 200 defendants. This publication by the United States Government Printing Office is the official abridged record of the individual indictments and judgments, as well as the administrative materials that were common to all the trials.

Volume 3, "The Justice Case"

Phillips Nuremberg Trials Collection: Trial 3 - Justice Case

Summary of Charges

Movie Inspiration

Materials from the Library

Trial Records