Wrongly Convicted Database Record
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Charge: |
Treason |
Sentence: |
Death and Executed |
Years Imprisoned: |
0.4 |
Year Crime: |
1943 |
Year Convicted: |
1943 |
Year Cleared: |
1983 |
U.S. State or Country of Crime: |
Germany |
County or Region of Crime: |
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City of Crime: |
Munich |
Result: |
Legislature Overturned Conviction after Execution |
Summary of Case: |
"Kurt Huber was one of the White Rose defendants convicted of treason for participating in the production and/or distribution of leaflets in 1942 and 1943 exposing crimes committed by the German government in the name of the German people. Huber and co-defendants Alexander Schmorell and Willi Graf were tried in the People's Court on April 19, 1943, convicted of treason and sentenced to death. Ten other codefendants were convicted and given lesser sentences. Huber was beheaded on July 13, 1943, the same day as Schmorell. The White Rose participant's convictions were legislatively stripped of any legal force in 1983. (See, "The Law Under The Swastika - Studies on Legal History in Nazi Germany," Michael Stolleis, The University of Chicago Press (1992), p. 157, and endnote 21 at p. 243.) Also, on September 8, 2009 the German Parliament unanimously overturned all WWII convictions for treason. So even without the 1983 legislative action the treason convictions of all White Rose participants would have been overturned." |
Conviction Caused By: |
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Innocence Proved By: |
"The White Rose participants convictions were legislatively stripped of any legal force in 1983. Also, on September 8, 2009 the German Parliament unanimously overturned all WWII convictions for treason. So even without the 1983 legislative action the treason convictions of White Rose participants would have been overturned." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
49 |
Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
Kurt Huber and the White Rose |
Information Location 1: |
http://www.spartacus.schoolnet.co.uk/GERhuberK.htm |
Information Source 2: |
"A Noble Treason: The Revolt of the Munich Students Against Hitler, Richard Hanser, G.P. Putnams Sons, NY, 1979, pp. 319, ISBN: 0-399-12041-6" |
Information Location 2: |
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Information Source 3: |
"White Rose trial sentencing transcripts, libcom.org" |
Information Location 3: |
http://libcom.org/library/white-rose-sentencing-transcripts |
Information Source 4: |
"Germany overturns Nazi-era treason convictions, Associated Press article, Dallas Morning News, September 9, 2009" |
Information Location 4: |
http://www.dallasnews.com/sharedcontent/dws/news/world/stories/DN-treason_09int.ART.State.Edition1.4c2d428.html |
Information Source 5: |
""The Law Under The Swastika - Studies on Legal History in Nazi Germany," Michael Stolleis, The University of Chicago Press (1992), p. 157, and endnote 21 at p. 243." |
Information Location 5: |
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Book About Case: |
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Book Information: |
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Book About Case (2): |
"A Noble Treason: The Revolt of the Munich Students Against Hitler, Richard Hanser, G.P. Putnams Sons, NY, 1979, pp. 319, ISBN: 0-399-12041-6" |
Book Information (2): |
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Movie About Case: |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org