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The first is the hearsay rule, a complex legal doctrine that essentially prevents the use at trial of statements made outside of court. Today, the hearsay rule “plays a critical role in ensuring that the evidence admitted is reliable and is based on the personal knowledge of witnesses,” Niehoff explained in an email interview. “It prevents the admission of rumors, assumptions, and community gossip—precisely the sorts of things that drove the Salem trials.”

Wigmore wrote that the history of the hearsay rule, as a distinct and living idea, begins only in the 1500s and it does not gain complete development and final precision until the early 1700s. Historian Carol Karlsen has argued that Hubbard and some of the other accusers in similar circumstances may have wanted to focus the communities concern on their difficulties.

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How the Salem Witch Trials Influenced the American Legal System

Those accused lacked basic legal protections, including the premise that one was innocent until proven guilty.

Updated: June 29, 2023 | Original: October 4, 2021

In early 1692, several girls in the colonial Massachusetts village of Salem began exhibiting strange symptoms, including twitching, barking, and complaining of being pinched or pricked by invisible pins. The afflicted girls soon accused several local women of bewitching them, beginning a flood of accusations that threw Salem and the surrounding areas into full-blown hysteria.

The trials that ensued became a cautionary tale as the accused lacked many of the legal protections we take for granted today.

By the time William Phips, the newly appointed royal governor of Massachusetts Bay Province, arrived from England that May, accused witches packed local jails. At the time, the colony was operating without a charter, since the Crown had revoked the previous one due to repeated violations. Phips brought with him a new royal charter that gave the colony’s legislature the right to establish a court. But the process would take time, and Phips had to act quickly.

In a fateful decision, Governor Phips created a special court to try the accused witches of Salem. It was known as the Court of Oyer and Terminer, meaning “to hear and determine” in the Old Northern French that was still standard in English courts at the time. While remnants of this legal language still endure in the modern American legal system —the phrase “oyez, oyez, oyez” begins proceedings in the U.S. Supreme Court, among others—the Court of Oyer and Terminer bore little resemblance to the courts we know today.

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