Sabrina Anoush Tomarci
The Salem witch trials were fueled by hate, inequality and paranoia. The injustice faced by women resulted in their murder. Until today, there continues to be interest in what had occurred and the legal ignorance of these trials. To best understand how a seemingly normal town in Massachusetts became infested with a fear of the paranormal, an analysis of its history must be conducted. Understanding this historic case also gives insight into how the legal proceedings in the American court system have come to be.
The trials took place in Salem, Massachusetts from 1692-1693, during which 200 people were accused of witchcraft, a resulting 20 innocents were executed, many of whom were refugees from New York, Nova Scotia and Quebec. The new refugees were not well liked by the native population since they caused a strain on the agriculture. Factoring this in gives reason to why such accusations were made.
The first accusation began with the ordained minister, Reverend Parris, who was accused of working with the devil. People began to claim that his daughters were behaving in a demonic fashion. Accusations included unnatural bodily contortions, uttering strange phrases, and throwing foreign objects. As a result the girls were sent to the local doctor who accused the devil. The young girls placed the blame on three women; their slave Tituba, a homeless woman named Sarah Good, and a poor and elderly woman named Sarah Osborne. Good and Osborne claimed innocence while Tituba claimed to have had strange visions in which the devil approached her and demanded she sign a book, which she confessed to doing. Though only Titibua had confessed, all three women were placed in jail. The result of this was increasing levels of paranoia. Even a four year old girl was accused and determined as guilty because of her timid response to the accusations.
The unethical executions began with Bridget Bishop, the first killed. This was followed with the killings of 19 more women and even a 71 year old man who was pressed by stones. The insanity eventually died down when the senator's wife was accused of witchcraft. As a result he pardoned the women who were in jail and stopped the trials.
In 1702 the courts declared the Salem trials as unlawful and in 1711 restitutions began to take place. By 1957 the state formally apologised for the events which took place. Today many scientists and historians are still curious about the events and want to know how these accusations of demonic behaviour came from. Linnda Caporael blamed the fungus ergot which could be found in the rye at the time. Essentially meaning that anything from the bread to the beer which members of the community were consuming were infected and hallucinogenic.
The difficulties with this trial continue through its records. None of the indictments for these trials were properly transcribed resulting in the accused being brought forth, jury members names, and the verdicts which they came to being difficult to trace. The only evidence which exists comes from Abigail Falukner Sr. This includes a redress statement for an apparent wrongful conviction. Eventually in 1996 the original record book was found in Suffolk County Courthouse confirming the names of the killed women. The inconsistencies with the trials persisted despite this since the records were extremely disorganised and the dates were incorrect. Cases such as that of Alice Parker are almost impossible to find coherent records on and in the case of Tituba researchers have determined dates to be completely inaccurate. One of the most alarming inconsistencies would be that of “Jerson Toothaker.” This man supposedly had some relevance during these trials but upon further research was found to have been improperly transcribed and completely irrelevant. It is evident that if these trials had taken place today one could hope that these procedural issues would not be evident.
Though witch trials and the legality of them seem archaic, they actually persist till this day. Across Africa many claim to be witch doctors using various herbs and spells to cure people. In Tanzania specifically, albino people are hunted for their skin and hair which are used for spells for bettering one's love life and business. The results of this have been the killing of 50 albino people and in Gambia over 1000 people have been arrested as a result of accusations of witchcraft. What makes this so shocking is the fact that the governments of these nations approve of the torture an arrests of these inocent citizens. Therefore though there is no accurate documentation of witchcraft, thousands have been legally killed and accused of it .
The result of these trials have been immense on the U.S court systems. The right to legal representation, the presumption of innocence instead of guilt, and the right to cross-examine one's accuser have all come to be accepted in courts. These trials also are a strong example of the injustices that minority groups face in the legal system.
Len Niehoff from University of Michigan Law School goes further into how these trials have worked towards the hearsay rule and right to representation by counsel. The hearsay rule disregards any type of evidence brought up outside of the courtroom such as rumours or any other subjective evidence. Only evidence submitted to the court is admissible, ensuring witnesses are aware of all accusations brought forth to them. During the Salem trials many of the accusations would be considered as hearsay given they were rumours. Most alarming is that these women also did not have the right to legal counsel, a right which is now guaranteed. Lastly is the use of spectral evidence. This is the kind of evidence which constitutes dreams and visions. These are deemed as inadmissible in courts today, however were heavily relied on during the Salem trials .
Today one can find what is left of the original court documents used in the Salem Witch Museum. In understanding the trials and how they have resulted in the laws and court proceedings we have today we can pay tribute and appreciate the sacrifices many have had to make for us. Understanding these cases is vital to understanding how many of the laws which constitute as fundamental have come to be today.
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