Getting your Trinity Audio player ready...

Our criminal justice system is not perfect.  However, it is the best in the world.  Sometimes we just need to look back and see how a civilized country turned its back on the rule of law to gain an understanding of how precious our constitutional rights really are.

Let’s take a look at criminal law during the Third Reich (Nazi Germany, 1933–1945.)

Criminal law was profoundly influenced by Nazi ideology, emphasizing authoritarianism, racial supremacy, and the suppression of dissent. It marked a departure from traditional legal principles, transforming the justice system into an instrument of state control and terror.

1. Centralization and Politicization of Justice

The Nazi regime dismantled judicial independence, placing the legal system under the control of the executive branch. Judges and prosecutors were expected to align with Nazi Party ideology. Institutions like the Reich Ministry of Justice played a central role in ensuring the judiciary served the state’s interests.

• The People’s Court (Volksgerichtshof), established in 1934, handled political offenses, often delivering harsh sentences, including death penalties, to dissidents and “enemies of the state.”

• Political loyalty replaced legal expertise in judicial appointments, with party membership often determining career advancement.

2. Expansion of State Control and Vague Legal Definitions

Laws under the Third Reich were deliberately vague to provide authorities with wide discretion in their application. The principle of nullum crimen, nulla poena sine lege (“no crime or punishment without law”) was effectively abandoned.

• The 1933 Reichstag Fire Decree suspended civil liberties, enabling arbitrary arrests and detentions.

• The Law Against Dangerous Habitual Criminals (1933) allowed indefinite detention of individuals deemed “habitually criminal,” a term often broadly applied.

3. Use of Criminal Law for Political Suppression

The regime criminalized dissent and opposition:

• High treason and treasonous activities were broadly defined to encompass criticism of the regime.

• The Gestapo (secret police) operated outside judicial oversight, using criminal law to justify arrests, beatings, and executions.

• Judges were instructed to consider the “racial and political” context of cases rather than relying on codified laws.

• Concepts of racial purity and loyalty to the Führer were embedded in legal interpretations.

7. Impact of World War II

During the war, the regime expanded the use of criminal law to maintain control over occupied territories and enforce forced labor.

• Special laws for occupied territories allowed the summary execution of resistance members.

• German courts and military tribunals enforced draconian laws on civilians in annexed regions.

This legal framework serves as a cautionary example of how a judicial system can be co-opted to legitimize oppression, racial discrimination, and state-sponsored violence.