Due Process as the Lawful Response to the Crimes of an Unlawful Regime

In late criminal proceedings against Nazi perpetrators, tensions may arise between public expectations and the exigencies of the rule of lawrule of law. By way of example, the present paper explores two of the resulting areas of conflict from a judicial perspective: The first concerns the impossibility under German law of convicting a defendant for accessoryaccessory to attempted murder if the criminal act was abandoned by the principal offenders, and the second revolves around the formation of judicial opinion based on witnessWitness testimony regarding traumatic and temporally distant events.