1946: The Nuremberg Trial War Criminals

4 comments October 16th, 2009 Headsman

Victor’s justice was never better served than this date in 1946, when the brass of Third Reich hung for crimes against humanity during the late World War II.

(From this page of original period audio files.)

The landmark legal proceeding* is covered well enough in many other sources for this humble venue to break new ground.

Apart from trailblazing international law, the trial was notable for the gut-punching film of German atrocities; this relatively novel piece of evidence is available for perusal thanks to the magic of the Internet. Caution: Strong stuff. An hour’s worth of Nazi atrocities.

The climactic hangings in the predawn hours this day in Nuremberg were conducted by an American hangman who used the American standard drop rather than the British table calibrated for efficacious neck-snapping. As a result, at least some hangings were botched strangulation jobs, a circumstance which has occasionally attracted charges of intentional barbarism.

Media eyewitness Kingsbury Smith’s taut report of the night’s executions (well worth the full read) described just such an ugly end for propagandist Julius Streicher.

At that instant the trap opened with a loud bang. He went down kicking. When the rope snapped taut with the body swinging wildly, groans could be heard from within the concealed interior of the scaffold. Finally, the hangman, who had descended from the gallows platform, lifted the black canvas curtain and went inside. Something happened that put a stop to the groans and brought the rope to a standstill. After it was over I was not in the mood to ask what he did, but I assume that he grabbed the swinging body of and pulled down on it. We were all of the opinion that Streicher had strangled.

There were in all 12 condemned to death at Nuremberg; all hanged this day except Martin Bormann (condemned in absentia; it was only years later that his death during the Nazi regime’s 1945 Gotterdammerung was established) and Hermann Goering (who cheated the executioner with a cyanide capsule two hours before hanging). The ten to die this day were:

* Its resultant Nuremberg Principles comprise a lofty articulation of principles whose actual application, as Noam Chomsky has observed, would have meant that “every post-war American president would have been hanged.”

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Entry Filed under: 20th Century, Botched Executions, Capital Punishment, Cheated the Hangman, Crimes Against Humanity, Death Penalty, England, Execution, France, Germany, Hanged, History, Infamous, Intellectuals, Mass Executions, Notable Jurisprudence, Occupation and Colonialism, Politicians, Posthumous Exonerations, Power, Russia, Soldiers, USA, War Crimes

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1953: Derek Bentley, controversially

2 comments January 28th, 2009 Headsman

On this date in 1953, Derek William Bentley was hanged by Albert Pierrepoint in London’s Wandsworth Prison for a murder committed by a friend.

The execution of the mentally impaired 19-year-old was a lightning rod when it was pronounced the previous December and remained so over a half-century struggle for his posthumous pardon.

He had been caught robbing a warehouse with an underage friend in November 1952, and in the gunfight that ensued, a police officer was shot — 15 minutes after Bentley was arrested.

In a welter of confusing evidence, the essential fact was that the two youths had engaged a criminal enterprise and thus became jointly liable for every consequence of the crime, regardless of who pulled the trigger. Nevertheless, it rankled as a manifest injustice that the young man should hang for a murder that happened after he was in custody, while the triggerman should not. There was a sense that Bentley faced a maximal punishment in the state’s frustration that the shooter was too young to hang; and, that since the two boys’ ages were barely on either side of 18 and the 17-year-old Christopher Craig arguably the dominant member of the duo, the effect was a great injustice.

The jury’s recommendation for mercy was not taken up, and Home Secretary David Maxwell Fyfe — a Nuremberg prosecutor fresh from crafting the European Convention on Human Rights — declined to extend a reprieve.

This morning’s hanging was hotly protested. Several hundred rallied outside the prison; 200 MPs presented a petition for Bentley’s clemency, and afterwards several were rebuffed attempting to debate the hanging in Parliament. The medical journal Lancet assayed the general disquietude at the situation and opined that

[W]e are obliged to ask ourselves whether in holding to the letter of justice we are letting the spirit escape … To the English, at any rate, revenge is seldom a fully satisfying experience; it carries too much guilt with it. In the case of Bentley the public sense of guilt seems to have been strong — far stronger than the desire for vengeance.*

Bentley’s 21-year-old sister Iris vowed to her brother the night before his death that she would clear his name, and she fought for the rest of her life to do so. She would win that fight in 1998 (one year after her own death) when the conviction was overturned.

In the meantime, Bentley’s fate entered the public conscience, generally but not universally in the capacity of miscarriage of justice.

Bentley is the subject of an Elvis Costello song, “Let Him Dangle”:

… and a 1991 film:

* Lancet also said that “in our view the perpetual public preoccupation with the condemned cell and the gallows is harmful to the mental health of society.” Executed Today does not endorse this position.

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Entry Filed under: 20th Century, Capital Punishment, Common Criminals, Crime, Death Penalty, Diminished Capacity, England, Execution, Hanged, History, Murder, Notable Jurisprudence, Popular Culture, Wrongful Executions

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