The Gestapo gradually wrested enforcement authority from the courts between 1935 and 1939. A conflict over jurisdiction played out in national journals as the political police asserted a mandate of prevention. At first, case officers reported findings to prosecutors without commentary. After Himmler became Chief of German Police in June 1936, the Gestapo routinely withheld cases with insufficient evidence to convict and even dropped charges against a few remarkably loyal offenders in extraordinary circumstances. Enforcement authority remained with prosecutors in most cases. The Party and the Ministry of Justice exercised joint discretion built into the law to target highly public offences, recidivists, and political opponents presumed to be subversives. But the Gestapo increasingly encroached by prescribing a desired outcome in the case summary. Political police used these “recommendations,” backed by the power of protective custody, to gradually assert control over enforcement decisions by the judiciary. By 1939, the Gestapo determined who deserved to be punished based on their character, while the courts determined who could be punished based on available evidence.

The Gestapo balanced the scales of justice with the weights of people’s community from 1939 to 1942. Political police resolved twice as many cases while state prosecutors’ workload, but not conviction rates, dropped by a third. The Gestapo evaluated “political reliability” based on a range of socio-political behaviours distinguishing upstanding “racial comrades,” who embodied the values of people’s community, from subversive opponents who either rejected Nazism or embraced alien ideologies. Supporters might complain, but they sincerely apologized, cooperated, and usually conformed. Subversives advocated alternatives. At best, repeat offenders were simply chronic complainers. Private exchanges might be overlooked, but repeated public criticism was intolerable. Hinting toward a change of government was utterly unforgivable. Supporters who acted in “momentary weakness” received “psychological understanding” and educational warnings. Subversives who called for regime change, swayed other against Nazism, or were connected to targeted minorities faced the courts. Himmler’s mandate “to create and uphold the desired order” of a people’s community was finally being realized.