LAWS 3306 Lecture Notes - Lecture 9: Donald Marshall, Jr., Victims Family, Restorative Justice
28 Mar 2016
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Document Summary
First naions bear double disadvantage- vicims or person in prison (overrepresented) overrepresentaion is geing worse: dp and aboriginal people, donald marshall jr. Helped look at the treatment and wrong doings of aboriginal people. Main component of due process was to protect from these wrongful convicions. Inquiry showed that he would not be convicted if all were professional. Defence also did not do their duies and this lead to inquiry. Would have been beter of to plead guilty for manslaughter. Spent more ime in jail than actual murderer who plead to manslaughter. Need to improve representaion for aboriginal ofenders b. Cross examinaion of young persons and hosile witnesses played a role. Since he denied the murder why use manslaughter. Scc tran case: if a person is to tesify and english is not primary language, they need a translator. Courts did not use presumpion of innocence. Failure to examine why jury found him guilty.
