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Donald Marshall Jr. (Wrongful Conviction - Essay Example

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This is a system whereby two advocates are able to represent the views and position of their clients, before a judge. It is the responsibility of the…
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Donald Marshall Jr. (Wrongful Conviction
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Download file to see previous pages This involves a situation whereby the judge or a group of judges have a mandate to investigate a case, and come up with a conclusion regarding the case under consideration. Botting (2010) explains that the adversarial justice system is characterized by a two sided structure. Under this structure, the criminal trial courts are able to pit the defense against the prosecutors. Justice occurs, when the most effective and efficient adversary manages to convince the judges or the jury that his or her perspective regarding the case, is the right one. The evolution of the modern adversarial justice system can be associated to a variety of historical figures, these includes Donald Marshall in Canada, and Lord Henry Brougham of United Kingdom.
The contributions of these two important historical figures are somehow related. This is because Donald Marshall was convicted of a crime that he did not commit, by a jury that was partisan. On the other hand, Lord Henry Brougham played an influential role in advocating for a non-partisan judge, who does not take the side of either the defense or the prosecutor during the process of administration of justice. However, this paper concentrates on the role played by Donald Marshall in promoting equality and fairness in the administration of justice. This paper takes a stand that the wrongful conviction of Donald Marshall led to a reformation of the Canadian Justice System and that of the state of Nova Scotia.
R vs. Marshall jr is a 1971 court case that provides an example of a wrongful conviction. Donald Marshall was imprisoned to a life sentence, because he was accused of murdering his friend, Sandy Seale. During this period in time, Sandy Seale and Donald Marshall were both 17 years old. The two were walking around the Wentworth Park, during a late evening, with the intention of going to take a drink. These two young people met Roy ...Download file to see next pagesRead More
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