One thing about this generally excellent film that's always struck me is that Herr Rolfe, though nominally defense counsel for all four defendants, never says anything about any of them except Ernst Janning. He repeatedly cites evidence about Janning's career and work, asks how a man like Janning can be put on trial, defends him and his conduct, and so forth, but never once does he make any specific statement or plea about any of the other three defendants (Hahn, Hofstetter and Lampe).
He does make a few broad, generalized statements in the other three's overall defense, basically stating that they had simply carried out the laws of their country, but makes no distinction between them, says nothing about their individual records or even mentions them by name. He acts as though all of them were basically the same, that there was no difference between, say, the clearly fascistic and unrepentant Emil Hahn and the more honest and repentant Janning.
Even Judge Haywood, in delivering the judges' decision at the end, singles out Janning and his testimony but barely mentions any of the others, as if Janning were the only true defendant and the others were just sort of sitting there with him.
You could almost make the argument that Janning's co-defendants really didn't have effective counsel. Or did Rolfe think that by talking only about Janning he was somehow trying to wrap the others in his mantle and get them off because of Janning's comparatively "better" record and his obvious acceptance of his own responsibility? Obviously, this is not the way the trials were actually conducted. And dramatically, this approach simply doesn't make sense.
Also, and this just dawned on me while viewing it yesterday, it seems to me that Rolfe's defense was quite flawed. On numerous occasions he projected sympathy on the defense's witnesses by badgering and persecuting them in much the same way they would have been treated in a Nazi court.
I think I would have asked for a different lawyer (not that anything they did has a valid defense).
Yes, I agree about his conduct regarding the witnesses. I'm shocked that Haywood did not uphold the prosecution's objection about how Rolfe was harassing Irene Hoffman -- he was attempting to re-create what was indeed a "travesty" in the first place. Maybe Rolfe thought he had little to lose by vigorously attacking the witnesses but while some of his means may have been justified you're right, it would certainly lose him the sympathy of the judges, something he couldn't afford.
It's also possible the writer and director were trying to plant the notion that in another time Rolfe would himself have been one of the Nazi regime's most ardent champions.
When even your client has to stand up and denounce your conduct you know something's amiss.
One thing about this generally excellent film that's always struck me is that Herr Rolfe, though nominally defense counsel for all four defendants, never says anything about any of them except Ernst Janning.
Rolfe was one of seven attorneys seated in front of the defendants. The defendants seated from left to right were Janning, Lampe, Hofstetter and Hahn. There was an aisle between Lampe and Hofstetter.
Similarly there was an aisle that divided the attorneys with three seated to the left, which placed them in front of Janning and Lampe, and four seated to the right of the aisle, in front of Hofstetter and Hahn. Rolfe was seated on the far left, in front of Janning.
What this indicates to me is that there was not one attorney assigned to defend all four defendants, but rather a separate set of defense attorneys for each defendant. Lampe, Hofstetter and Hahn each had two defense attorneys. Since Janning did not recognize the authority of the tribunal and initially refused to participate in the proceedings he also didn't even seek an attorney to represent him.
Rolfe, motivated by his admiration for Janning and unwillingness to see him convicted without a fight, took it on himself to defend Janning. And that was why he was the only attorney Janning had. And also why Rolfe had no responsibility toward the other defendants.
There is a comment toward the end that the trial had lasted eight months and there were some 10,000 pages of testimony. The movie is focused on the trial of Janning and not so much on the others. So we don't see the efforts of the other attorneys on behalf of their clients although they undoubtedly took place.
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Where do you get the idea that the men seated in front of the accused were their lawyers, let alone that the other defendants each had two attorneys?
Rolfe was the sole attorney for all four of the defendants. Nowhere is it stated or even suggested that there were any other defense attorneys. Even if you infer that the people seated before the accused were somehow connected with their defense (as legal aides, for example), Rolfe, and only Rolfe, defended them.
This is proven by, among other things, his several times referring to the "these defendants" -- plural -- and the fact that he is the only defense attorney ever heard from or spoken of. No, Rolfe is the attorney for all of them.
(It's also not clear that Janning did not recognize the tribunal's authority. Rolfe says this, after Janning refuses to say anything when he's asked for his plea. From what we hear during the trial this was probably more likely Rolfe's belief than Janning's, or at least a tactic tried by Rolfe, but either way it makes little difference. Rolfe would have had to have been appointed as Janning's attorney before being able to speak for him.)
The fact that there is an aisle between the defendants and a space between some of the people you claim are their lawyers has no meaning whatsoever. It's the way the courtroom was designed, nothing else.
No need to say sorry. But, sorry: Cairo, and you, are entirely incorrect.
There is absolutely no evidence for his assertion -- nothing stated or even remotely implied to back up such a belief. Besides, if each of the other defendants had two lawyers, how come Janning only had one, Rolfe?
However, I ask you what I asked him and he declined to answer (presumably because he had no answer): on what basis do you come to that conclusion about the others being the men's lawyers?
If you have some evidence that proves your and Cairo's belief is "100% correct", please relate it.
The other 2 are correct actually. I do remember Rolfe mentioning in the movie that he was there purely to represent Janning.
Sorry, the other two aren't correct (and again, no other attorneys are shown or speak), but when does Rolfe mention that he was there purely to represent Janning? He makes no such statement, ever.
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Cairo, I think you are correct. At the beginning of the movie, when they introduced the defendants, I got the impression the others had their counsel and this attorney was just for Janning, who was being troublesome. I can't rewind the movie that far to check, but I am a lawyer and usually follow these things pretty accurately. Besides which, it's waaaay too much work for one attorney. We usually see teams for each defendant. Never teams of defendants for a single attorney.
Regarding the cross-examination of Julie Garland's character, if there were normal American rules of evidence and trial procedure, the objection should simply have been "asked and answered." Lawyers cannot re-ask the same question after a witness has answered it, as she did. He asked her at least 3 times, each time louder and more violently. That is improper. And worse, for his client, it creates sympathy for the witness against his client's interests.
I thought the reason they wrote this part was to show how much disrespect this guy had for a woman who dared befriend a person deemed unworthy.... That was the prevailing attitude in Germany. At first, many Germans did not hold anti-Semitic or other racist beliefs (and many did, of course, from the days of Martin Luther, and esp after schools began teaching racism to children), inter-marrying and society was integrated. But Nazis changed this and attacked Jewish people violently, on the streets (German women who dated Jewish men were called names, spat upon, and subject to violent attacks), boycotting businesses, and then passing Nuremburg Laws (1935) that took citizenship, then jobs, then all civil rights from Jews, and by 1938, then were barred from German society, unable to leave, but unable as well to own a business or hold a job. All Germans had to prove non-Jewish ancestry to participate in much of society, marry, etc. Even have a sexual relationship. Violators were sent to concentration camps. The defense attorney had possibly enforced such laws before the war?
You're correct that the cross-examination of Irene Hoffmann (Judy Garland) was not conducted under the acceptable rules of evidence. A similar criticism can be justifiably leveled at much of the trial conduct seen in the film. In all of this we have to keep in mind that this is a dramatization, not a reproduction of actual trial procedure. As in most movies, dramatic license is taken when presenting courtroom scenes. Older films in particular often bear little resemblance to real trial procedures or criminal rights, even in past eras.
I doubt Herr Rolfe enforced such laws before the war because he seems to have become a lawyer, or at least to have really begun his practice, since the war, though he had to at least have been a law student before the war. (He was also young enough that he would almost certainly have had to serve in the war.) I agree that his representation was not the best -- by becoming so emotional and aggressive, much like counsel in the Nazi era, he was damaging his clients' cases.
But to your comments on the thread topic, I again say that any belief that Rolfe was acting solely as Janning's counsel, or more to the point, the supposition that the others each had their own lawyers, is completely unfounded. You wrote,
At the beginning of the movie, when they introduced the defendants, I got the impression the others had their counsel and this attorney was just for Janning, who was being troublesome.
May I ask how and why you got that impression? Where are the other attorneys? Which people sitting in the courtroom? How come not one other person ever speaks for the defendants? You added that,
I can't rewind the movie that far to check, but I am a lawyer and usually follow these things pretty accurately.
Respectfully, you did not follow this accurately. If you're a lawyer you understand that there must be evidence for an assertion, and there is no evidence whatsoever that any other defense attorney was present. Every person on this thread who has asserted that there was has done so on the imagined grounds that they assume or think or it just had to be that some guys sitting somewhere must have been the other defendants' attorneys. I'm slightly paraphrasing but that's the extent of anyone's "proof". You can't just say something is true when there is zero evidence, inference or implication that it is.
You're quite right that having one man defend all four is way too much work and is not realistic. Exactly my point. Yet that's precisely what we're shown. If there were other attorneys they'd have been indicated, even if they had few if any lines for purposes of the movie.
The actual answer is the same as the one about the flaws in the depictions of the cross-examinations and other liberties: This is a movie. It's a dramatization, not a textbook documentary on the actual trials. In order to make the narrative move understandably and cleanly, the filmmakers condensed and changed reality for dramatic purposes. Hence the unreal courtroom confrontations and the presence of only one defense attorney. It's dramatic license, not fact, but even so some of the details could have been handled better.
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Rolfe appeared to have another lawyer with him, at least as an assistant. He reads out the text of the civil service act oath of allegiance to Hitler when Rolfe is cross-questioning Dr. Wieck. I thought it unrealistic for Rolfe to be the sole lawyer for all the judges on trial, but perhaps it simplifies the film plot to have it so.
I thought it unrealistic for Rolfe to be the sole lawyer for all the judges on trial, but perhaps it simplifies the film plot to have it so.
Yes of course, you're right, stevekaczynski -- this is nothing more than a simplified plot device, and it is unrealistic -- not only because Rolfe is the only lawyer for the four accused, but because as I said he dwells almost exclusively on the one defendant, Janning. Clearly this too is a plot device, but it doesn't play well in the film.
Rolfe does appear to have an aide, but while that man may be a lawyer (we don't know either way), he was plainly not a defense attorney for Janning or anybody else. He was just as you say an assistant.
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I wondered about that too. Perhaps they had different lawyers but their defense was not shown....or they just chose to zero in on the defense of Janning. It would have been a very long movie to cover the defense of all of the defendants. Janning was based on Judge Franz Schlegelberger who was the highest ranking official there.
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Plus during the film Rolfe makes a couple of references to the "defendants" -- plural -- and when Petersen (Clift) identifies the presiding judge at his trial, he says it's Justice Hofstetter, not Janning. Yet no defense attorney for Hofstetter rises to cross-examine. More evidence that Rolfe is supposed to be all four men's attorney. Since this depiction wasn't faithful to the reality of the actual trials, again, it's clearly a matter of dramatic license. That's fair enough, but it's not handled well given Rolfe's preoccupation with Janning and almost total neglect of the others.
You seem absolutely convinced of this but you should watch the film again and you would see that you are wrong. (It's available right now on Watch TCM, so you can spend about 5 minutes doing this, as I did.) Check out the opening court room scene at about 10 minutes in. The defendents file in. Sitting at tables directly in front of the defendants are seven robed individuals. On the tables are papers and brief cases. Rolfe is sitting in front of Janning. When the arraignment begins these individuals put on headphones. The two in front of each defendant perk up when their defendant pleads. Each defendant, except Janning, says he is represented by counsel. Janning is silent. So Rolfe gets up to speak on his behalf.
The robes on the other six men show that they are attorneys. The headphones show they are German. Sitting at tables with papers is also indicative that they are attorneys. Those six men are the other defendants' attorneys. The film focuses on the defense of Janning so the other attorneys are not seen speaking. If Rolfe represented the other defendants, he would not sit at the far end of this row of tables.
I see that Cairo earlier made the same point I am making and you blew him off. I agree that for the rest of the movie Rolfe is the only attorney who speaks but that is because the narrative concerns itself entirely with Janning. Rolfe does not discuss the actions of the other defendants. But to someone who has spent many hours in courtrooms, those guys sitting in front of the other defendants are unmistakably attorneys. Why else would they be wearing robes? Why else would they get to sit at tables in front of the defendants? Why else do they have files of papers on the tables? They're not the audience. They're not part of the military prosecution team and they are not journalists. They're attorneys.
Wow. That was a long time to try and convince hobnob53, a person who appears to be obstinate in the face of reason. Yet, I suspect hobnob53 has still not conceded the point as they have not responded to pontevedro's last post. It seems easy to get into lengthy and pointless debates on imdb with people who continue to defend indefensible positions, or more likely just enjoy stringing things along to wind people up.
Yes, it is quite obvious that there are seven defence counsel in robes sitting in front of the accused. As the accused enter the dock for the first time, hesitantly, Hans Rolfe (Maximilian Schell) directs his client Ernest Janning (Burt Lancaster) where to sit. The other defence counsel do so for their clients - specifically for Emil Hahn (Werner Klemperer) and Friedrich Hofstetter (Martin Brandt). Each defendant is asked in turn if they are represented by counsel before the tribunal and, as pontevedro pointed out, we see two of the defence counsel pay special attention when their client Hoffstetter is asked this question. When Rolfe (Schell) first speaks in court he specifically says "I represent the defendant" (in relation to Janning) not "the defendants". Rolfe, during the course of the trial, does indeed mention "these defendants" (plural) on a few occasions when talking about witness evidence (as the witnesses in some instances were testifying against more than one of the accused), or after the prosecution showed footage of concentration camp atrocities, but at no time does Rolfe specifically state he represents all the defendants. Rolfe only ever specifically says he represents Janning. Hobnob53 asks "when does Rolfe mention that he was there purely to represent Janning? He makes no such statement, ever." But hobnob53 is wrong in this assertion. Several times Rolfe says he represents Janning (and says only Janning) and, to turn hobnob53's assertion on its head, Rolfe in fact never mentions he represents the others by name. We never see Rolfe visit the other defendants in the gaol, only Janning. If Rolfe represents them all then why don't we see him visiting them all?
Certainly the very casual observer may think Rolfe is the only defence counsel as he is generally the only one we are shown addressing the court. Indeed before Rolfe's opening statement Judge Haywood (Spencer Tracy) says "Herr Rolfe will make the opening statement for the defence" and throughout the trial he is only referred to as the "defence counsel" rather than "The Defence Counsel for Ernst Janning". However, it is reasonable to deduce that Rolfe is making the first opening statement for the defence as he represents the most important defendant. Rolfe only discuses his client Janning in this opening statement, giving his background, and does not mention any of the other defendants. According to hobnob53's argument, Rolfe is representing them all but is just very sloppy. No. Rolfe is just representing Janning. The court then adjourns and presumably later the other defence counsels will make their opening statements which we don't see on film for reasons of clarity and focus. Throughout the film Rolfe is referred to as the "defence counsel" as the movie hones in on Janning being the key element of the story. But we are never made to assume he is the only defence counsel or that he represents all the defendants.
The fact that we do not hear the other defence counsel speaking is pure story telling/movie making convenience. It would be nice if there was a line along the lines of "and we will now hear from the defence counsel representing ..." before a scene ends, or if another counsel was shown making a brief objection on behalf of their particular client so as not to confuse viewers like hobnob53. But, there are many movie making reasons as to why this would not be desirable. Time is of the essence in film-making. Time is money and overly long explanations or backgrounding can often bore the audience. Films are usually tightly edited so that the story is told as succinctly as possible and to keep it progressing forward - to not waste film stock, to not to bore the audience and, most importantly, to make money for the filmmakers. It is cheaper to have extras in minor roles, such as the other defence counsels, rather than giving an actor lines and therefore paying them more. One role can stand for all the others to save time, money, and for ease of story telling. Having several defence counsel speak for accuracy does not add to the story but portraying just one of them speaking does not deny the fact that the others are present. Actually we do see at one point Rolfe's assistant defence counsel speak during the cross examination of Dr Wieck. Later the prosecutor Colonel Lawson (Richard Widmark) asks if evidence about sterilisation would be admissible if a witness could be called (before Petersen, played by Montgomery Clift, appears) and Rolfe looks off camera toward his assistant defence counsel for a response before answering Lawson(Hans Moebus is listed as an ADA on imdb). Curiously though, hobnob53 dismisses this character as a mere assistant, not a defence counsel, and asserts that a defendant having more than one defence counsel is ludicrous (but see my comments below).
Audiences can be easily confused by overly complex situations which do not advance the story such that filmmakers decide that characters and events need to be amalgamated and truncated. In "The Great Escape", for example, not all the characters represented are direct historical figures, but rather loose amalgams of several individuals and stories. It could be confusing and time consuming if we were introduced to, and had to keep track of, all the main tunnel diggers and senior forgers - instead Charles Bronson and Donald Pleasance stood in for all of these historical figures.
Similarly in films about the Apollo space programme we are usually just shown one NASA Flight Director (e.g.. Gene Kranz in his white waistcoat) rather than the several people who took on the role of Flight Director, in shifts, over the course of a mission and were there for some, but not all, of the crucial, dramatic events. Often in films on historical subjects, names or the appearances of actual persons depicted can be changed so as not to confuse the audience if they are known better by another name or look, or have similar names or appearances to other individuals in the story. Some minor examples being characters shown with beards or moustaches as that is how we commonly know them (think Darwin or Ned Kelly of Stalin) even though they may have been clean shaven at the time of an historical event depicted in a film. In Henry V one of the king's uncles is always known as the Duke of Exeter at Agincourt even though he was not awarded the ducal title at the time just because Shakespeare named him so in his play. A minor example in "A Bridge Too Far" is an intelligence officer Major Brian Urquhart being renamed Major Fuller for the film so that he would not be confused by audiences with Major-General Richard Urquhart (played by Sean Connery).
Courtroom dramas are usually always boiled down to two opposing counsel battling it out - rarely do we see others of the defence team on their feet in court. When we do, it is often for a plot device showing division within the defence team or, if there are multiple defendants, a device to show that the defendants wish to be distanced from each other. It is purely ease of story telling. I recently saw on TV an Australia cardinal giving live evidence from Rome to a Royal Commission and there was endless delays while the counsels sorted out if the correct documents were available for the witness, how they were labelled and in which folder they might be located. A true reflection of the mundane nature of court procedure but not riveting viewing. Similarly, Simon Pegg and Edgar Wright purposely put in an upbeat sequence accompanied by exciting music of a policeman merely filling in forms for minor offenders in the film "Hot Fuzz" as a comment about police films only show exciting car chases and gun fights when in reality the majority of police work is paperwork.
Possibly the least thought out argument from hobnob53 is expressing surprise that each defendant could have their own defence counsel, or even two each. Hobnob53 seems to argue that it is much more 'logical' that all four defendants would have just one defence counsel. Any cursory examination of the actual Nuremberg Trials would show the error of this argument, particularly that of the main party leaders where each of the 24 defendants had their own main counsel (some had two main counsel) and there were up to 70 assisting counsels and clerks. I also like the theory of Cairo 5 that Janning refused to recognise the authority of the tribunal and had failed to arrange a defence counsel so that Rolfe was possibly a last minute appointment. This could be reflected in the ages of the actors - Schell being a very youthful looking 31 year old at the time of release of the film, whereas the other defence counsels look to be older "grey-haired" types and Widmark, playing the prosecutor, is a more sagacious looking 47 year old. Rather than just one defence counsel representing all four defendants, it gels with historical reality that each defendant would have at least one main counsel. Further, the film may even be suggesting that Rolfe was a young, last minute ring-in and therefore certainly not likely to have been chosen by the four experienced jurists in the dock as their only counsel.
It is left to the viewer to understand that there is more going on in this lengthy, complicated and involved eight months trial than just the small snippet shown by the filmmakers, who have chosen to focus on the main defendant and his counsel. Otherwise, to follow hobnob53's logic, because we see two translators speaking on screen only at the start of the film, are we to assume that these are the only two individuals involved in translation for the entire eight months of the trial? (or, if you want to get more bizarre, as we only see them in the opening but never actually see them again, do we assume no human translation occurs after the opening statements and, for the rest of the trial, everyone is using some magic babelfish headphones?). I don't recall anyone ever using a toilet in the film so, by hobnob53's logic, there are none in the Nuremberg Palace of Justice. Well, I visited this important site in December 2015 and spent over four hours absorbing the historical information there and can confirm by direct testimony, despite what you did or didn't see in the film "Judgement at Nuremberg", there are definitely toilets in the building!
It was entirely self-evident that the four judges were independently represented. I enjoyed reading your post, but feel saddened that such users as hobnob53 made it necessary for you to write it.