Sentencing, Judicial Discretion, and Political Prisoners in Pre-War Nazi Germany

Abstract

The tools of econometric analysis and inferential statistics reveal that senior Nazi-era judges in pre-war Germany exhibited statistically significant levels of discretion in their sentencing of individuals convicted of high treason or treason. In fact, some of these judges, though appointed to the People’s Court to serve the Nazi state, were inclined to show relative leniency, within certain political limits, when taking into account the characteristics, backgrounds, affiliations, actions, and experiences of those whom they convicted. A modicum of judicial autonomy can co-exist with dictatorship so long as it enhances the efficiency of the courts and does not impugn the regime.