Could something like the Salem Witch Trials happen again?

Answer 1

In today's society, based on existing laws, it is possible for something like the Witch Trials to happen again -- but not exactly as they occurred.

Certain modern cases come to mind that share similarities with the witch trials, although there are those who would argue that there was a legitimacy to these trials. Three examples that come to mind are the case against the West Memphis Three, The McMartin Preschool trials, and McCarthyism.

The Salem Witch Trials happened prior to the Wars of Independence, and before the United States became a sovereign nation. When the United States Constitution was adopted in 1787, it became unconstitutional for any jurisdiction to establish a law prohibiting the free exercise of any religion. According to the First Amendment of the United States Constitution, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

Since witchcraft is a religion, a person can no longer be tried as a witch.

However, in the practice of witchcraft, as alleged in Salem, there were children who claimed to have been cursed by witches, and the children acted out by exhibiting epileptic fits, screaming fits, pain, etc. If a person were to inflict these ailments on another person, doing so would violate the laws of that state pertaining to assault and battery.

Generally, however, the kind of evidence used against the alleged witches in the Salem Witch Trials would not be admissible in any modern court as evidence of assault or battery in the United States, due to the fact that there is no scientific basis for any claim of injury by supernatural means.