. NMT05-T0169
Volume V · Page 169
| the extent of punishment the
civilian invites for himself or herself in participating in actual war
activities. It is also most difficult to determine to what extent the civilian
bureau official joins in spirit, or without definite objection or protest,
against acts calculated to further the perpetration of criminal acts. These
defendants cannot rightly be held accountable in degree of participation in the
war crimes alleged, and of which they have been found guilty, as would be
warranted if they, respectively, had been wholly or substantially acting upon
their own initiative. It is, therefore, a warranted judicial conclusion that
the sentences imposed upon these civilian officials, even though all enjoyed
military titles, awarded as establishing greater and perhaps more effective
prestige in executing their civilian duties, should be less in severity than as
fixed by the majority of the Tribunal. In no instance as affecting these defendants do I believe a sentence of life imprisonment is warranted; neither is it warranted to fix upon sentences which in duration carry the person to an age which, based upon normal life expectancy, is the equivalent of a life sentence. I believe, also, sound reasoning in respect to decreeing of imprisonment should include a stated direction that the sentence imposed is to be reduced by subtraction of the period of time covered by imprisonment while awaiting trial. I concur with the majority of the Tribunal in respect to the sentences imposed upon the defendants Huebner and Schwalm. As applicable to the defendants Greifelt, Creutz, Lorenz, Brueckner, Hofmann, and Hildebrandt, the sentences which I believe should be decreed and in respect to which I record my judgment, are as follows: |
(1) The defendant, Greifelt, twenty (20) years,and furthermore: |
That in each and all instances, the period of sentence be reduced to the extent as disclosed by the prison records the defendants, respectively, have heretofore been imprisoned. 10 March 1948 |
| [Signed] DANIEL T. O'CONNELL
Judge, Military Tribunal I |
