Emotion Over Logic in Court: Still Used Today

 Having a witness take the stand in any kind of trial is one of the easiest ways for the prosecution to connect with the jury. Hearing direct testimony, especially when they are filled with emotion or the occasional tear, can establish credibility and allow the jury to put themselves in the shoes of the alleged victim. Oftentimes, particularly in cases that involve children being harmed, having the actual victims testify as to their direct trauma will all but guarantee some form of legal victory. It's hard to imagine someone could lie about so much pain.

While the Salem witch trials were not set before a jury, the magistrates back in that time had enough discretion with how they could rule that they almost resembled a jury. They were members of the community who would end up judging their peers and hearing all the evidence put before them. This was not the bench trials (only the judge) based upon strict legal precedent that we see in many of our courts today. When reading through the testimony given in 1692, my first reaction was confusion as to how any of this was believable. However, a close examination of the social climate surrounding the trial and raw emotion involved has me slightly empathizing with the tough position that the judges were put in. In a small God-fearing town, moments like these made it feel like the world was falling apart and all these magistrates could do was try to solve afflictions put before them.

The one part of the trial that I do have a hard time rationalizing in today's world, especially after working in a court all summer, is the admission of spectral evidence. The fastest way for a witness to lose their credibility with an audience/jury/judge is to accuse someone of actions that couldn’t possibly be proven true or false. It has the potential to undercut the emotional appeal entirely. I do understand that this was set in a religious time where spirits were not as far off of a subject as it is today, but you have to imagine if there was any point where logic could squeeze in, then that would have been it. Unfortunately for Rebecca Nurse, that wasn’t the case.

During our own reenactment of the Salem Witch Trials, my goal and role as an afflicted girl was to simply win over everyone in that courtroom through emotion. The thrashing, screaming, and visible anguish that I portrayed would be hard to ignore for any even slightly empathetic person. At the end of the day, genuine human fear and empathy will outweigh any logic.