. NMT02-T0060
Volume II · Page 60
another shot, because the first shot of the poison ammunition had hit the artery in the thigh and their suffering was immediately stopped; but the others had only flesh wounds and after a certain period of time, symptoms of poisoning appeared; that was three people.
DR. FLEMMING: Did you have anything else to do with the previous history of this execution?
MRUGOWSKY: No.
EXPERT WITNESS DR. ANDREW C. IVY*
CROSS-EXAMINATION
DR. SERVATIUS: Mr. President, I should like to ask your permission to put to the witness a small newspaper notice from the newspaper "The People" of 3 March 1946. This is an English newspaper. Regarding the defendants before the IMT, the following was stated: "The opinion of some people is that they should be condemned very soon." Then it says: "Others believe that they should be made to expiate their crimes by helping to cure cancer, leprosy, and tuberculosis as experimental subjects:" Is the thought of atonement contained therein?
WITNESS DR. IVY: Yes, but it is expressed in a hysterical manner.
Q. Yes. I agree with you.
Witness, do you believe that if a person does not volunteer for an experiment, the state can order such atonement?
A. No.
Q. Do you not believe that you can expect something of a prisoner that goes beyond his actual sentence if at the same time people outside prison are subject to such burdens?
A. No. Those ideas were given up many years ago in the science and study of penology. The primary objective of penology today is reformative, not punitive, not expiative.
Q. Witness, is that the recognized theory of penology throughout the whole world today?
A. It may not be the recognized theory throughout the whole world today, but it is the prevailing theory in the United States. There is one other aspect that is quite large and essential, and that is the protective aspect of imprisonment to protect society from a habitual criminal.
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*Complete testimony is recorded in mimeographed transcript, 12, 13, 14, 16 June 47, pp. 9029-9324.
