How did the Nuremberg Trials decide whether a guilty defendant was to be sentence to death or life imprisonment?
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Accepted answer
From this summary of the Nuremberg Judgements for major defendants the compilation below is of the finding on Count IV, Crimes against Humanity for each:
Defendant Count IV - Verdict & Circumstance Sentence
Martin Bormann Guilty - no extenuating circumstance death by hanging
Karl Doenitz Not Indicted 10 years imprisonment
Hans Frank Guilty - no extenuating circumstance death by hanging
Wilhelm Frick Guilty - no extenuating circumstance death by hanging
Hans Fritzsche Not Guilty on all counts
Walther Funk Guilty - extenuating circumstance Imprisonment for life
- never took a lead role in the activities in which he participated.
Hermann Goering Guilty - no extenuating circumstance death by hanging
Rudolf Hess Guilty - extenuating circumstance Imprisonment for life
- the Tribunal did not find enough evidence to find him
guilty of these crimes [against the Jewish and Polish people].
Alfred Jodl Guilty - no extenuating circumstance death by hanging
Ernst Kaltenbrunner Guilty - no extenuating circumstance death by hanging
Wilhelm Keitel Guilty - no extenuating circumstance death by hanging
Erich Raeder Guilty - extenuating circumstance Imprisonment for life
- Limited to violations of Versailles Treaty and
- charges related to unrestricted submarine warfare
Alfred Rosenberg Guilty - no extenuating circumstance death by hanging
Fritz Sauckel Guilty - no extenuating circumstance death by hanging
Hjalmar Schacht Not Guilty on all counts
Arthur Inquart Guilty - no extenuating circumstance death by hanging
Albert Speer Guilty - extenuating circumstance 20 years imprisonment
- Not a participant in plans for the war
- Known to ensure the laborers had food and sufficient
work conditions so their work was effective
Julius Streicher Guilty - no extenuating circumstance death by hanging
Konstantin von Neurath Guilty - extenuating circumstance 15 years imprisonment
- reprimanded personally by Hitler for not being harsh enough
- requested release of Czech prisoners in 1939 and 1941
Franz von Papen Not Guilty on all counts
Joachim von Ribbentrop Guilty - no extenuating circumstance death by hanging
Baldur von Schirach Guilty - extenuating circumstance 20 years imprisonment
- No evidence that he was aware of plans to wage war
Empirically, it seems that there were two degrees of conviction on Count IV: with and without extenuating circumstance:
- All defendants convicted on Count IV without extenuating circumstance were sentenced to death by hanging
- All defendants convicted on Count IV with extenuating circumstance were sentenced to terms of imprisonment ranging from 10 years to life.
Full transcript of the judgements can be found for most defendants (including Rudolf Hess and Walther Funk).
Update
The Court seems to have found only Count IV without extenuating circumstance to be a Capital Offense; the others apparently regarded as Non-Capital Offenses
Baldur von Schirach may have been lucky - Bulletins describing Jewish extermination were found amongst his office's papers, but no credible evidence was presented that he had actually been made aware of them, or otherwise read them.
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