Contribution To The Nazification of The Law
Freisler published an article on "Die rassebiologische Aufgabe bei der Neugestaltung des Jugendstrafrechts ("The racial-biological task involved in the reform of Juvenile Criminal Law"). Freisler argued that "racially foreign, racially degenerate, racially incurable or seriously defective juveniles" should be sent to juvenile centres or correctional education centres and be segregated from those who are "German and racially valuable."
He strongly supported rigid laws against Rassenschande ("race defilement", the Nazi term for sexual relations between "Aryans" and "inferior races") as racial treason. In 1933, Freisler published a pamphlet that called for banning "mixed-blood" intercourse, regardless of the kind or proportion of "foreign blood" involved, which faced strong public criticism and, at the time, no support from Hitler. This led to conflict with his superior, Franz Gürtner.
In October 1939, Freisler introduced the concept of 'precocious juvenile criminal' in the "Juvenile Felons Decree". This decree "provided the legal basis for imposing the death penalty and penitentiary terms on juveniles for the first time in German legal history". In the period 1933 through 1945, the courts sentenced at least 72 German juveniles to death, among them 16-year-old Helmuth Hübener, found guilty of high treason for distributing anti-war leaflets in 1942.
The "Decree against National Parasites" (September 1939) introduced the term perpetrator type, which was used in combination with another Nazi term, parasite, The adoption of racial biological terminology portrayed juvenile criminality as parasitic, implying the need for harsher sentences. Freisler justified the new measures in the following manner: "In times of war, breach of loyalty and baseness cannot find any leniency and must be met with the full force of the law."
Read more about this topic: Roland Freisler
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