A True Legal Horror Story: The Laws Leading to the Salem Witch Trials

Overview

• Over 300 years ago, 20 people executed for witchcraft during the Salem Witch Trials.
• Trials were conducted under legal auspices.
• Examines legal and societal factors leading to these events and their impact on the American legal system.

Historical Context

• Witchcraft was a felony in the American colonies, defined as acting with magical powers from the Devil.
• Salem Witch Trials occurred amidst legal failings, mass paranoia, Puritan religious rules, economic, and political uncertainty.

The Salem Witch Trials

• More than 200 accused of witchcraft; 20 executed, mostly by hanging; one man pressed to death.
• Trials involved torture and imprisonment under inhumane conditions.
• Failures of the court allowed visions, dreams, and testimony of spirits as evidence.

Accusations Spread

• Paranoia began in Salem Village, 1692, with three girls allegedly bewitched.
• Girls' behaviors attributed to various causes including mental illness, child abuse, or ergot poisoning.
• Accusations targeted social outcasts and spread throughout Salem.
• Perjury during trials could be avoided by accusing others.

Influence of Puritan Beliefs

• Physical realities had spiritual causes for Puritans.
• "Spectral evidence" (visions and spirits) was primary proof of guilt.

Factors Contributing to Hysteria

• Influx of refugees, smallpox epidemic, threats from Native Americans, and social tensions.
• Underpinned by Puritan religious beliefs integral to their legal system.

Early Witchcraft Laws

• Witchcraft Act of 1604 in English law deemed it a felony.
• Massachusetts Bay’s Body of Liberties included witchcraft as a capital offense.
• Few executed before Salem Trials; English tradition required clear proof for conviction.

Changes in the American Legal System

• Legal process changed during the Salem Trials due to political and religious tensions.
• Governor William Phips established the Court of Oyer and Terminer in 1692.
• Spectral evidence accepted; later denounced by Increase Mather.
• Court dissolved, and new Superior Court began trials without spectral evidence.

Enduring Lessons

• Massachusetts formally apologized in 1957; exonerations continued into 2000s.
• Salem has a thriving tourism industry centered on its witchcraft history.
• Memorials and preserved sites educate future generations about mass hysteria and injustice.

Additional Resources

• New England Law | Boston: History