Donald Marshall Case Study

852 Words 4 Pages
This next section will discuss how victims and the innocent convicted are treated by the criminal justice system. Victims and the innocent criminal are being mistreated by the system itself. The wrongfully convicted individual was intentionally harmed by the criminal justice system because of the lack of expertise in evidence gathering. Donald Marshall, Jr. was a Mi’kmaq man who was wrongfully convicted of murder. This case raised many questions of whether the Canadian criminal justice system has any fairness and equality, especially since Marshall was an Aboriginal man. Marshall spent 11 years in jail before being acquitted by the Nova Scotia Court of Appeal in 1983. It took 11 years for Marshall to be released from imprisonment, and considering …show more content…
It took so many years for the court to find out that a man was wrongfully convicted. The criminal justice system fails to ensure the fundamental rights and protection. However, the judge at hand placed some blame on Marshall because of the assumption that he lied during his trial about the activities of him and the victim (Butts, 2009). Not only did Marshall receive mistreatment by the criminal justice system; but the victim’s family was also mistreated. After the news of Marshall being acquitted by the Nova Scotia Court, the family, like almost any other family, would be disheartened at the fact that the victim’s killer was still on the loose for so long (Butts, 2009). Anyone would realize that allowing a murdering to still roam freely in the country is a terrible thing. Earlier in this paper said, a conviction on the allegedly guilty individual is needed in order to make society happy or feel comfortable. No one would be delighted to hear that the criminal justice system did not find the murderer. So, when finding someone that just has the right amount of evidence facing against him; a conviction will be made (Rudin, 2016, p. …show more content…
(2016) says that current research shows that many factors are associated with the wrongful conviction of the individual: the age and the criminal history of the individual, forensic error, a weak defense and prosecution case, a family defense witness, misidentification and lying from the witness. These factors create a struggle for the criminal justice system to truly identify and detain the actual criminal (Williamson, Stricker, Irazola, & Niedzwiecki, 2016). When errors occur and there is no way to understand whether they may be true or not, members of the criminal justice system will have difficulty in identifying and correcting the errors. Many other researches has begun to find that those wrongfully convicted individuals, during and after their incarceration, suffer from emotional, psychological, social, physical, and financial problems (Williamson, Stricker, Irazola, & Niedzwiecki, 2016). The pain and struggles of the convicted individual having to go through something that they did not commit is huge. Prison mistreatment from prisoners or guards and the society even after released may see the individual as a deviant. These psychological traumas may lead to further problems such as, alcohol, drug and suicidal problems (Williamson, Stricker, Irazola, & Niedzwiecki, 2016). People that are wrongfully convicted and are released are compensated for a high sum of money. However, that compensation has no way of reversing the amount of time spent in jail, the

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