LAWS 3306 Lecture Notes - Lecture 9: Donald Marshall, Jr., Young Offenders Act, Helen Betty Osborne
13 May 2017
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Document Summary
Aboriginals are overrepresented as victims and in the prison and legal system. Due process and aboriginal people: donald marshall jr. (1971 case) Was a signi cant case in canada dealing with wrongful conviction. One of the main goals was to not convict innocent persons in dp (where cc didn"t care) System isn"t perfect there are improvement that could be made. 3 judge panel determined that he wouldn"t of been convicted if everyone did their jobs basically ; essentially wasn"t the system but the actors in the conviction. Defence in this case didn"t actually ask for full disclosure they didn"t take these steps; they didn"t interview signi cant witnesses. Despite his insistence that he did not kill the victim, lawyers argued in the appeal that manslaughter should of been left up to the jury - doesn"t make sense; its either 1st, 2nd or an acquittal. Spoke in front of the jury but he wasn"t able to communicate properly since he"s.
