. ©MAZAL LIBRARY

NMT09-T0176


. NUERNBERG MILITARY TRIBUNAL
Volume IX · Page 176
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Table of Contents - Volume 9
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  
 
“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
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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.
 
 
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