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The McCarthy trials publicized the 1950’s Red Scare where several innocent American citizens were labeled as communists, resembling the scandalous Salem Witch trials of the 1690’s. One must understand prior to the Salem Witch hunts, in 1562; Queen Elizabeth legalized the persecution of witches[1]. As Salem was a colony of England and America had not yet federated, Salem’s laws were bound by English laws. Therefore the inadequate protection of rights in the 1690’s is comprehensible. However in the 1950’s America had federated and adopted a Bill of Rights in the American Constitution which aimed to protect the people’s rights, including the judiciary sector of the government to achieve natural justice. Nevertheless the unjust allowance of accusation with spectral and inaccurate evidence in both the communism trials of the 1950’s and the Salem Witch Trials of the 1690’s have not achieved elements of natural justice.

• Transcripts of Salem Witch Trials.
• Transcripts of McCarthy Trials.

 

As reported on the McCarthy trials,

“…gossip, distortion, hearsay and deliberate untruths…It has no place in America where government exists to serve our people, not destroy them.”[2]

The legal rule of ‘innocent until proven guilty’ was ignored in both the historical trials. Those unfortunate enough to be accused of being a supporter of communism or witchcraft were ultimately guilty before given the chance to prove their innocence. These injustices confirm an inadequate protection of rights for the community in the 1950’s, with similar outcomes to the 1690’s even despite significantly less protection of rights in Salem. In 1948 the 58 members, including America, of United Nations, created the Universal Declaration of Human Rights. This declaration had been adopted into American law, though still not preventing this lack of protection in the 1950’s.

In The Crucible Proctor has contested the acts of the court, being accused of ‘undermining the court’. Due to strong religious values and the theocracy system Salem was ruled by, ‘against the court’ means he is also against the church.

Contemporary America prides itself on ‘freedom of speech’. Clearly during the communism scare this was replaced by fear of the unknown. In The Crucible, Proctor does what Miller could not do in reality; contend the lack of human rights in his society and consequently the injustices occurring around him. Miller was accused of being a sympathizer of communism because he had previously attended communism meetings; as a result a trial was arranged. However due to his social status in society, he was offered the chance to clear his name if the judge could have a photograph with his infamous wife, Marilyn Monroe[3]. This has completely disregarded the rule of law: everyone is equal before the law.

 

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[1] http://www.witchcrafthistory.net/witchcraft-in-the-elizabethan-age/, ‘Witchcraft in the Elizabethan Age’, last accessed July 2010

[2] http://www.colorado.edu/AmStudies/lewis/2010/mccarthy.htm, ‘The Tydings Committee Report on McCarthy’s Charges(1950)’, last accessed July 2010

[3] Arthur Miller, “Are You Now Or Were You Ever?”, The Guardian/The Observer, Saturday, June 17, 2000