Based in Fair Lawn, New Jersey, Ian Winograd focuses on document review analysis as an attorney with Pressler, Felt, and Warshaw, LLP. Passionate about studying the various facets of political and legal theory, Ian Winograd has an abiding interest in American history.
One of the momentous events of colonial history that influenced the nation’s legal structure was the Salem Witch Trials. The case occurred when several girls residing in the Massachusetts village of Salem in the early 1690s had fits and accused local women of bewitching them. This led to a case of mass hysteria that ended in the trials of the accused witches in the Court of Oyer and Terminer. Unlike with contemporary trials, the accused were assumed to be guilty from the start.
The lack of presumption of innocence was the major downfall of these trials. This facet of law only became formalized in the late 19th century with Supreme Court decisions such as Coffin v. United States (1895). Another failure was lack of a “hearsay rule” to prevent gossip and other statements made outside of court from being used as permissible evidence. Another legal protection that was lacking was the right of being represented by counsel. With no defense lawyers present, there were no cross-examinations to effectively challenge the accusers.
The flawed case had long-term consequences, with juries, judges, and accusers ultimately apologizing for the roles they played in the trials. In 1711, Massachusetts passed legislation that paid restitution to the families of those executed and also exonerated them. This case was ultimately cited by anti-Federalist delegates in pushing for a "Bill of Rights” during Constitutional ratification debates. Their aim was to protect the freedoms of individual citizens against violations by the federal state.
One of the momentous events of colonial history that influenced the nation’s legal structure was the Salem Witch Trials. The case occurred when several girls residing in the Massachusetts village of Salem in the early 1690s had fits and accused local women of bewitching them. This led to a case of mass hysteria that ended in the trials of the accused witches in the Court of Oyer and Terminer. Unlike with contemporary trials, the accused were assumed to be guilty from the start.
The lack of presumption of innocence was the major downfall of these trials. This facet of law only became formalized in the late 19th century with Supreme Court decisions such as Coffin v. United States (1895). Another failure was lack of a “hearsay rule” to prevent gossip and other statements made outside of court from being used as permissible evidence. Another legal protection that was lacking was the right of being represented by counsel. With no defense lawyers present, there were no cross-examinations to effectively challenge the accusers.
The flawed case had long-term consequences, with juries, judges, and accusers ultimately apologizing for the roles they played in the trials. In 1711, Massachusetts passed legislation that paid restitution to the families of those executed and also exonerated them. This case was ultimately cited by anti-Federalist delegates in pushing for a "Bill of Rights” during Constitutional ratification debates. Their aim was to protect the freedoms of individual citizens against violations by the federal state.
