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| peace. But in my opinion such aspects of the case should be a matter
to be decided by a denazification tribunal. As I understand the tasks of this
high Tribunal, it is not to judge the overall conduct of men but to pass
judgment for the commission of clearly defined crimes. Military Tribunal I
states the following in its opinion in Case 1 against the doctors concerning
the circumstantial evidence. I quote:¹ |
| |
The value of circumstantial
evidence depends upon the conclusive nature and tendency of the circumstances
relied on to establish any controverted fact. The circumstances must not only
be consistent with guilt, but they must be inconsistent with innocence. Such
evidence is insufficient when, assuming all to be true which the evidence tends
to prove, some other reasonable hypothesis of innocence may still be true; for
it is the actual exclusion of every other reasonable hypothesis but that of
guilt which invests mere circumstances with the force of proof. Therefore,
before a court will be warranted in finding a defendant guilty on
circumstantial evidence alone, the evidence must show such a well connected and
unbroken chain of circumstances as to exclude all other reasonable hypotheses
but that of the guilt of the defendant. What circumstances can amount to proof
can never be a matter of general definition. In the final analysis the legal
test is whether the evidence is sufficient to satisfy beyond a reasonable doubt
the understanding and conscience of those who, under their solemn oaths as
officers, must assume the responsibility for finding the
facts. |
| Also Military Tribunal II, in Case 2 against Erhard Milch, expressed
in its opinion the principle of criminal law recognized by all civilized
nations, according to which no man can be sentenced to punishment until his
personal guilt has been proved. I quote from that opinion :²
|
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This Tribunal, before all
others, must act in recognition of these self evident principles. If it fails,
its whole purpose is frustrated and this trial becomes a mockery. At the very
foundation of these juridical concepts lie two important postulates: (1) every
person accused of crime is presumed to be innocent, and (2) that presumption
abides with him until guilt has been established by proof beyond a reasonable
doubt.
"Unless the court which hears the proof is convinced of guilt to
the point of moral certainty, the presumption of innocence must continue to
protect the accused. If the facts as drawn from the evidence are equally
consistent with guilt and innocence, they must be resolved on the side of
innocence. Under |
__________ ¹ United States
vs. Karl Brandt, et al. case 1, vol. II, p. 276. ² United
States vs. Erhard Milch. Case 2, vol. II, pp. 778-779.
176 |