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Justice and retribution

 Justice and retribution

Effective law and order in the trial of Susanna Martin was overly determined on people’s opinion and beliefs that formulated stereotypes used to govern society. Despite the existence of a judge and some form of legal system, the rulings made were based on personal opinions, beliefs and ideologies spread by influential people in the community (Brooks 1). Criminal behaviour was also determined by ideologies and personal opinions from members of society. A good example is the first time Susanna was accused of witchcraft by William Browne. Browne accused Susannah of tormenting his wife with her spirit, an incident that resulted in Susannah’s arrest and payment of bail before the case was dropped. Despite lacking evidence on the harm that Susannah had caused, she was made to answer for crimes such as tormenting someone with her spirit and even made to pay bail.

Criminal behaviour was described as any suspicious activity suggesting witchcraft or that could not be understood by those in authority. A good example is the ruling that found Susannah guilty of witchcraft and sentenced her to death. The accusation arose from claims made by village girls residing in Salem that claimed that Susannah was a witch (Brooks 1). All the girls that accused Susannah lived in different parts of Salem and it was near impossible for all of them to have come into contact with Susannah to make the claim that she was a witch. Despite this however, Susannah was arrested and forced to undergo humiliating ordeals during the course of the trials (NEHS 1). Susannah was forced to undertake a physical examination that sought to reveal a teat that witches use to feed their familiars. The inappropriate behaviour was as a result of people’s fear of witches rather than relying on facts and due process when dealing with suspects.

 The approach taken to convict Susannah of witchcraft bore close similarity to the legal codes used in The Code of Hammurabi. In each emphasis is on the delivery of retribution in the name of justice but fails to take into account the circumstances leading up to the accusation. Under the code of Hammurabi, various crimes had set punishments that only required the suspect to be dubbed guilty (Brooks 1). Concerning Susannah, the punishment for witchcraft was death and although she had been accused and released two times before her conviction, it was mostly because the people making the claims focused more on other crimes rather than witchcraft. On the day of the ruling, the proof needed was a teat that was associated with witches. When the physical exam failed to identify the teat however, the accusers resulted to other claims such as the shape and position of the suspect’s breasts (Brooks 1). Although there were various factors that could have attributed to the change in shape and appearance of Susannah’s breasts, the previous accusations combined with the fear of witches in the region led the judges to treat the occurrence as a sign of witchcraft.

The approach taken in the trial of Susannah Martin differ from the ones used in the 21st century America because the latter seeks to deliver justice while the trial only sought to settle people’s concern and fear of witchcraft. There was no form of actionable evidence against Susannah in all the three accusations. Despite this however, the judges relied on propaganda and personal beliefs to make a ruling. The examiner for instance argued that the suspect was guilty because her nipples appeared full in the morning indicating that she had enough milk to breastfeed (Brooks 1). The breasts would however appear slack in the day and the examiner interpreted this to mean that Susannah was a witch and the change in shape was because she fed her familiars in the afternoon rather than in the morning. In 21st century America however, emphasis is placed on implementing the law rather than the punishment. To achieve this, the court goes through the evidence against the suspect and only relies on actionable evidence to determine whether the suspect is guilty or not (Yorke 12). Although rulings borrow from decisions made by judges in the past regarding similar crimes, each judge has the authority to make a different ruling depending on the nature of the crime committed.  Rather than relying on agreed punishments to enact on all crimes related to a crime such as theft, policies and codes of conduct in the American society treat each theft as different and try to analyse the situation before determining what action to take.

Despite the differences however, there are significant similarities between the Susannah’s trial and how law is enacted in society today. In both, individuals are regarded as innocent until proven guilty. Despite the emphasis on punishment and retribution, Susannah was released on two occasions because there was not enough evidence to tie her to the crime she was accused of (Brooks 1). Similarly, society regards all individuals as innocent until they are found guilty in a court of law. Suspects are apprehended and taken to court so that a ruling can be made to determine what consequences will follow their actions.

In addition, the two also agree on the use of the death penalty as an ideal punishment for some form of crimes. In both, death is considered a form of justice and retribution but the decision to use the death penalty is only reserved for specific crimes. Despite this similarity however, there are varying definitions on what crimes can warrant the death penalty. From the ruling, it was evident that witchcraft was punishable by death but some crimes were not (Brooks 1). When Susannah was accused of affecting another with her spirit, she was only made to pay a fine before the charges were dropped. The death penalty was however issued not because of the nature of the crime, but rather the impact it had on the victims. In today’s society however, the death penalty is only reserved for heinous crimes and criminals that have proven a risk to society. Although there are incidents where the death penalty has been used, there is constant debate over its use and a significant number of people are against it.

One of the major controversies that surrounds the death penalty today is that it is immoral, unethical and a way of playing god. Although there are different religions and beliefs regarding creation, most people believe that it was God who gave people life and only he has the right to take it away. Religion has also been used to try and do away with the death penalty as it violates God’s commandment forbidding people from killing (Yorke 22). Those against the death penalty argue that no human being has the right to determine when another dies or continues living. Those in support of the death penalty however argue that some crimes deserve retribution and the only way to deliver justice is to ensure that the punishment first the crime. In cases where the crime is murder, rape or genocide, the death penalty is often suggested as the best form of punishment and retribution.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Work cited

Brooks, Beatrice, “The Witchcraft trials of Susannah Martin” 2012, retrieved from,             https://historyofmassachusetts.org/susannah-martin-accused-witch-from-            salisbury/#:~:text=Susannah%20Martin%20%26%20the%20Salem%20Witch,Jr.%2C       %20and%20Mercy%20Lewis.

New England Historical Society, “How the witchcraft trials of Susannah Martin lasted nearly       25 years” 2019, retrieved from, https://www.newenglandhistoricalsociety.com/susannah-martins-witchcraft-trials-            lasted-nearly-25-years/

Yorke, Jon. Against the Death Penalty: International Initiatives and Implications. Florence:         Taylor and Francis, 2008. Internet resource

 

 

 

1245 Words  4 Pages
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