Salem Witch Trials: Unfair Court Cases In 1692

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The Salem Witch Trials wrongly convicted over one hundred fifty people through unfair court cases in 1692, due to the bias of the people, the unpassable tests used, and the illegal way they were run. The convictions were all done in the Court of Oyer and Terminer, which was created by the current Governor Sir William Phips, and led by Chief Judge William Stoughton, along with 6 other judges (EB 1) (Boraas 24). This court was closed within the year, and a new court was opened, the Superior Court of Judicature, which was less unfair, and made no convictions during the time it was open. This court was then also closed after a few months (EB 1). During the trials, every sort of person was accused, from rich to poor. Sometimes entire families were …show more content…

One reason for this is the way that even when the defendants got off, they still were not safe from the courts. A great example of this is Rebecca Nurse, a witch who had little evidence against her, and because of this, was uncommonly found not guilty. Despite being apparently safe, due to double jeopardy laws in the American Constitution not allowing a citizen to be tried twice for the same crime, her court decision was illegally changed, and she was convicted and sentenced to be hanged (Boraas 28). Realizing that this decision was illegal, she approached the creator of the court, and the current Governor, Sir William Phips. After hearing about her case, he gave her a reprieve, stopping the hanging. So once again, she appeared to be safe from the courts. But soon the seven judges of the court, who knew the governor very well after being personally appointed to the position by him, talked to him (Wilson 1) (EB 1). They convinced him to not go against their decision because it made them look bad, so Sir William Phips took away Rebecca Nurse’s reprieve. Within a few months she was hanged (Wilson …show more content…

For instance, the defendants were not allowed an attorney or any sort of help, although the prosecution was. This even violated the sixth amendment in the American Constitution, meaning it was outright illegal (EB 1). Another example of unfairness to the defendant, is that all of the judges of the court had no legal background or training, and ran the courts only from the knowledge of the Bible, and advice from Ministers (2 CSD 1). This lack of legal background almost guaranteed that if they had to make a decision, they would decide in favor of the prosecution, because that was the side they supported. Furthermore, the courts were also run unfairly because anytime someone was found not guilty, the judges would urge the jury to think again, trying to make them vote guilty (1 CSD