Proof at the Salem Witch Trials

Abstract

As of the writing of this article, President Donald Trump\u27s tweets have included roughly 400 references to witch hunts. In a sense, this is unsurprising. The Salem witch trials have a special place in our national identity and vocabulary. Most Americans understand the reference, even if they know few of the historical details. And the phrase witch hunt serves as a useful shorthand for any frenzied chase after something that does not exist. The Salem trials also inspire a peculiar fascination: Perhaps no other site of deadly mass hysteria has become a major tourist destination. Still, most practicing litigators probably know very little about the Salem witch trials. That\u27s a shame because the Salem proceedings have a lot to teach us. They offer countless insights into the significance of a stable and impartial judiciary, the indispensable place of legal counsel, the critical role of procedure, and - most importantly for the purposes of this article - how the concept of proof can go terribly wrong. As tends to hold true with Salem\u27s lessons, these are mostly cautionary tales