The judiciary under Hitler

One of the most dramatic consequences was in the judicial arena. Shirer points out,

Under the Weimar Constitution judges were independent, subject only to the law, protected from arbitrary removal and bound at least in theory by Article 109 to safeguard equality before the law.

In fact, in the Reichstag terrorist case, while the court convicted van der Lubbe of the crime (who was executed), three other defendants, all communists, were acquitted, which infuriated Hitler and Goering. Within a month, the Nazis had transferred jurisdiction over treason cases from the Supreme Court to a new People’s Court, which, as Shirer points out,

soon became the most dreaded tribunal in the land. It consisted of two professional judges and five others chosen from among party officials, the S.S. and the armed forces, thus giving the latter a majority vote. There was no appeal from its decisions or sentences and usually its sessions were held in camera. Occasionally, however, for propaganda purposes when relatively light sentences were to be given, the foreign correspondents were invited to attend.

One of the Reichstag terrorist defendants, who had angered Goering during the trial with a severe cross-examination of Goering, did not benefit from his acquittal. Shirer explains:

The German communist leader was immediately taken into “protective custody,” where he remained until his death during the second war.

In addition to the People’s Court, which handled treason cases, the Nazis also set up the Special Court, which handled cases of political crimes or “insidious attacks against the government.” These courts

consisted of three judges, who invariably had to be trusted party members, without a jury. A Nazi prosecutor had the choice of bringing action in such cases before either an ordinary court or the Special Court, and invariably he chose the latter, for obvious reasons. Defense lawyers before this court, as before the Volksgerichtshof, had to be approved by Nazi officials. Sometimes even if they were approved they fared badly. Thus the lawyers who attempted to represent the widow of Dr. Klausener, the Catholic Action leader murdered in the Blood Purge, in her suit for damages against the State were whisked off to Sachsenhausen concentration camp, where they were kept until they formally withdrew the action.

Even lenient treatment by the Special Court was no guarantee for the defendant, however, as Pastor Martin Niemoeller discovered when he was acquitted of major political charges and sentenced to time served for minor charges. Leaving the courtroom, Niemoeller was taken into custody by the Gestapo and taken to a concentration camp.

The Nazis also implemented a legal concept called Schutzhaft or “protective custody” which enabled them to arrest and incarcerate people without charging them with a crime. As Shirer put it,

Protective custody did not protect a man from possible harm, as it did in more civilized countries. It punished him by putting him behind barbed wire.

On August 2, 1934, Hindenburg died, and the title of president was abolished. Hitler’s title became Führer and Reich Chancellor. Not surprisingly, he used the initial four-year “temporary” grant of emergency powers that had been given to him by the Enabling Act to consolidate his omnipotent control over the entire country.

Furter info about how Hitler came to power

http://www.lewrockwell.com/hornberger/hornberger100.html