LAWS 3306 Lecture Notes - Lecture 8: Donald Marshall, Jr., Arbitrary Arrest And Detention, Peremptory Challenge
2 Aug 2016
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Document Summary
Aboriginals are over represented in prison and as victims. Wrongful convictions strengthened and supported changes to the treatment of aboriginals. There needs to be changes to other facets of society. Packers two models don"t do much to help the fate of aboriginals. Due process victories aren"t usually typical of what normally occurs in our system. Rising prison population and prevalence of guilty pleas show that crime control rules. After acquittal there was public inquiry to see what went wrong. Found that he would not have been convicted if all actors involved carried out duties in professional and competent manner. Their actions didn"t comply with due process standards. Crown was criticized because they withheld prior inconsistent statements by witness. Defence was also critiqued for not even asking for disclosure. Inquiry found that counsel did not do much to help their client. Real killer was only sentenced to one year in custody. Donald marshall would have been better off pleading guilty.
