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Concerns about the prosecution of witches in the legal system (Evidence…
Concerns about the prosecution of witches in the legal system
Torture
Friedrich Spee Von Langenfield pulished Cautio Criminalis anonymously in 1631- Although a firm believer in the existence of witches, his book was highly critical of the way torture was used to extract confessions and suggested safeguards to protect against its use
Arguments against torture was not that it was inhumane but tended to be unreliable evidence which raised questions about convictions in witch trials
Torture leads to chain reaction witch hunts
Problem for legal system- allowed in exceptional circumstances but always used, used sleep deprivation in England which is a form of torture- not allowed
Evidence
There was doubt about the validity of spectral evidence
Growing acceptance that events attributed to supernatural agency may have had natural causes
Lawyers could demand concrete evidence that the witch was responsible for its infliction
Using children for testimonies not being allowed
Putting natural above supernatural
Needed two eye witnesses- difficult to see witchcraft
Confessions
Growing reluctance to accept confessions as sufficient proof of guilt
Torture used to get them
Many reasons for why people confess
Denunciations
Particular concerns about use of torture to secure denunciations, particularly in the absence of any other evidence because a growing recognition that torture produced evidence that was, at best, reliable
Someone came from peoples confessions which were under torture
Led to chain reaction witch hunts
Could come from town arguments and religious reasons