Nuremberg Trials?

Question

I'm doing my thesis for my law degree, and I'm doing it about the Violations of due process of the accused in the Nuremberg trials (I’m not pro-Nazi or neo-Nazi or anything like that, JFTR), I'd like to know any sources for information, against and pro the process, any criticism, and any information in general about the Nuremberg Trials, but in specific about the due process violations, any help would be greatly appreciated, anyone interested in helping me or discussing the theme with me is welcome to, from side of the debate.( [e-mail])

Thank you.

Answer 1

The validity of the court has been questioned by some for a variety of reasons:

The defendants were not allowed to appeal or affect the selection of judges. Some have argued that, because the judges were appointed by the victors, the Tribunal was not impartial and could not be regarded as a court in the true sense. A. L. Goodhart, Professor at Oxford, opposed this view, writing:
"Attractive as this argument may sound in theory, it ignores the fact that it runs counter to the administration of law in every country. If it were true then no spy could be given a legal trial, because his case is always heard by judges representing the enemy country. Yet no one has ever argued that in such cases it was necessary to call on neutral judges. The prisoner has the right to demand that his judges shall be fair, but not that they shall be neutral. As Lord Writ has pointed out, the same principle is applicable to ordinary criminal law because 'a burglar cannot complain that he is being tried by a jury of honest citizens.'" ("The Legality of the Nuremberg Trials", Juridical Review, April, 1946.)
The main Soviet judge, Nikitchenko, had taken part in Stalin's show trials of 1936-1938.
One of the charges included conspiracy to commit aggression against Poland in 1939. The Secret Protocols of the German-Soviet Non-Aggression Pact of August 23, 1939, proposed the partition of Poland between the Germans and the Soviets; however, Soviet leaders were not tried for being part of the same conspiracy.
In 1915, the Allied Powers, Britain, France, and Russia, jointly issued a statement explicitly charging, for the first time, another government (the Sublime Porte) of committing "a crime against humanity." The argument could be made it was not until the phrase was further developed in the London Charter that it had a specific meaning. As the London Charter definition of what constituted a crime against humanity was unknown when many of the crimes were committed, it could be argued to be a retrospective law.
The trials were conducted under their own rules of evidence; the indictments were created ex post facto and were not based on any nation's law; the tu quoque defense was removed; and some claim the entire spirit of the assembly was "victor's justice". Article 19 of the Nuremberg International Military Tribunal Charter reads as follows:
"The Tribunal shall not be bound by technical rules of evidence. It shall adopt and apply to the greatest possible extent expeditious and nontechnical procedure, and shall admit any evidence which it deems to be of probative value."


http://en.wikipedia.org/wiki/Nuremburg_trials#Validity_of_the_court

Answer 2

The secret is in the Judges interpretation of admissability of evidence. If the Judge is in fact impartial, the process can work, but I have been at trial (civil and criminal) in many cases where the Judge was obviously partial to one cause.

Unless the appeals atty is VERY good, the tainted verdict usually remains. The flaw in the system since the Magna Carta...

Can you imagine the partiality running rampant at Nuremberg?

Answer 3

I agree with Feliks - except you don't have to restrict it to the dock they were seated in. You could include the U-shaped table containing the prosecutors, the witness box, the "Bench" and the specific Justices seats... Also - if you want to get tricky - you could show the back door through which the prisoners were led into and from the courtroom directly to Spandau Prison. There are many pictures showing exactly who sat where - including the translators, the reporters, the witnesses, et al. Use a large sheet of heavy board and place these objects on it. Go to any toy store for inexpensive chairs, tables, etc. You can make anything else you need just by using paper and tape.

Answer 4

This will hardly be help to you- but who knows. I found out recently my grandfather-general L H Stevens was the military police guard/presence there if I am getting my story straight. His info can be found in the Museum in Centrailia Washington- or on the net I bet, but the museum has much from his son who is an avid history buff etc- esp about family.