Donald Marshall Essay

Racism in the criminal justice system has been dominant for decades but has come to the forefront as of late. With several controversies surrounding both the United States and Canada, racism is a topic that will not be disappearing anytime soon. For Donald Marshall Jr. it took 14 years to finally show the country why he was prosecuted for the murder of Sandy Seal. This essay will outline how the Canadian Criminal Justice System failed Marshall as a youth. Real Justice: Convicted for Being a Mi’kmaq: The Story of Donald Marshall written by Bill Swan will show how Marshall was neglected by the justice system at every turn. Furthermore, connecting the treatment Donald Marshall was subjected to with class lectures dealing with subjects such as

human dignity, the Young Offenders Act and lastly the trouble with racism against Indigenous peoples. The Marshall case touches on so many areas dealing with youth justice and the issues surrounding it. More conversation needs to be started and more work needs to be done dealing with the youth in todays society.
The story of Donald Marshall Jr. begins by providing its readers with a background of Marshall and the type of environment he grew up in. Born and raised in Sydney Nova Scotia, belonging to the Mi’kmaq community where his father was Chief. Known as a rebellious youth, he spent his early years in the Shipyard gang. A group of teens that often committed petty crimes such as panhandling and theft. Well-known to the police officers in Sydney, Marshall did not hold the best reputation for himself. This unfortunately would prove to be one of Marshall’s biggest downfalls in this case. On the night of May 28, 1971 Marshall who was 17 years old at the time, was hanging out in the cities park when he met up with another teenager whom he had known briefly, Sandy Seal. Both teens were intoxicated and were looking for something to do. Terry Gushue and Patricia Harriss were both in the park that night and talked to both Seal and Marshall. After talking to the two teens Seal and Marshall walked over to two men, Roy Esbary and Jimmy MacNeil who were asking to borrow a cigarette from the teens. A fight ensued leaving Seal with a stab wound in the abdomen and Marshall with a slash to his left arm. Marshall ran for help finding Maynard Chant who returned to the scene with Marshall and helped phone police. Sandy Seal was taken to hospital but did not survive. This is where Marshall’s life would change forever. The first detective on the scene was Michael MacDonald who took no crime scene photos, did not secure the area and took no statements from those who were near the crime when it occurred (Swan, 2013, p.22). The case was then handed over to lead detective John MacIntyre who would do everything in his power to make sure Donald Marshall be found guilty for the murder of Sandy Seal. MacIntyre did not believe Marshalls story and made up his own proof detailing how Marshall killed Seal. MacIntyre used his power to manipulate three witnesses into saying they saw Marshall stab Seal, which would lead to his conviction. This is a tactic that is occasionally used by detectives towards suspects. Sittner, Hartshorn Whitbeck& Prentice (2012) found that “contemporary American interrogation methods rely on suggestion, deception and, too often, superficially disguised threats of punishment and promises of leniency to move suspects to confession” (2).
During the trial there were a number of procedures that went wrong that should not have. Beginning with the Judge who had previous complaints of being racist towards defendants. This is not as unusual as it should be, “over-representation in nova scotia and newfoundland is 1.5 to two times higher than would be expected given the size of their respective provincial aboriginal populations” (Prairie, 2002, p. 186) Marshall was not given the full amount of impartiality that Caucasians are given when dealing with the criminal justice system. Additionally, Marshall’s lawyers did not seem to provide him with their full effort, believing he was guilty of the crime from the start. As well, the twelve-person jury was made up of middle aged white men; no minority groups or women were chosen to hear the case. Furthermore, a key whiteness in the case came forward to recant his testimony stating that he did not see Marshall kill Seal and that he was forced into giving that statement. This statement was never allowed into the courtroom ruled by the judge. All of these issues had a substantial impact on the guilty verdict that was given by the jury. It took 11 years of being in prison for Marshall to be released and an additional 3 to prove he was not guilty. After Marshall’s release, the Royal Commission began an inquiry of the case and after, released a statement saying, “the justice system failed Marshal at virtually every turn” (Swan, 2013, p. 145). Not only did the inquiry bring justice to the forefront, it acknowledged the mistreatment shown by the Judge, Lawyers and detectives. 14 years later, Marshall finally received what he had wanted to hear all along, that someone believed him. The Marshall case proved that there is racial discrimination in the justice system, “The Marshall case demonstrates how, within the Canadian context, institutionalized racism and social disadvantage may indeed contribute to miscarriages of justice” (Denvon & Campbell, 224, p.232). Extensive work needs to be done to remove the stigma, especially towards Indigenous peoples.
Throughout class lecture discrimination against Indigenous peoples was discussed thoroughly, especially in the class text.

This topic relates undoubtedly with Donald Marshall. From the very beginning of the murder investigation Marshall was discriminated against. Moreover, because of the racism shown towards Indigenous people “individually, people might experience feigns of isolation, shame, anger, self-hatred, internalized racism, and distrust of authority” (Oudshoorn, 2015, p.113). In Donald Marshall’s case, this proves to be true. He had never trusted police because of the discrimination he constantly faced, and the one time he believed he could count on them they let him down tremendously. Indigenous people are often convicted of harsher crimes and receiver harsher sentences as apposed to Caucasians, shown in Sittner et al., (2012) study, “Of all youths who are prosecuted in federal courts, 32% are placed in a secure facility; of these 74% are AIAN” (p. 1312). When discussing human dignity in class, this case and Indigenous rights came into thought. How can so many people treat other human beings in such a disrespectful way? Racism is exhibited at nearly every level of the justice system. Oudshoorn (2015) states, “A social movement promoting human dignity is needed” (p.6). Society needs to prevent stigmas from continuing around certain cultures and remember how they would like to be treated. This is such an important topic and should be brought to people’s attention not only in Canada but also around the

world.
Additionally, when considering the Youth Acts that have been implemented throughout time. Marshall was convicted of murder at the age of 17, when he was over the age of a “youth” in the Young Offenders Act. However, just a few years after his conviction, the Act changed its age guidelines to 17. Marshall spent the first half of his sentence in a very violent prison atmosphere and he even went so far as to confess to killing Seal so he would be transferred to a better prison. Barkers et al., (2015) found that, “young people between the ages of 15 and 19 are at the greatest risk for involvement in the criminal justice system”. Consequently, sentencing youth offenders to adult penitentiaries could harm them immensely psychologically and physically. Youth rights need to be more protected so to not cause greater harm to them in their futures, “ Rights of young people needed to be better protected in the justice process by ensuring that youth were treated equally, and thus with fairness” (Oudshoorn, 2015, p. 43). By protecting youths at their young age, there is more hope for restorative justice and integration back into society after prison.
Continuing on with the justice system, it costs an abundance of money to be able to afford a successful lawyer. That being said, it is very difficult for those who come from less-privileged environments to be able to afford a proper legal team. Oudshoorn (2015) contends that, “Canada is ruled more by money than by law” (p.23). Having a successful legal team can play an immense role in getting someone off of a crime even if they are guilty. Unfortunately this is not true justice, money should not decide a person’s fate, evidence should. This was extremely prominent in the Marshall case. He did not come from a wealthy background and was therefore unable to afford a good lawyer. The lawyers defending Marshall did not do their duty and were called out on their actions in the Royal Commissions inquiry. This is extremely wrong considering “impoverished youth are more likely to come into conflict with the law” (Oudshoorn, 2015, p.38). More attention needs to be shown on the expenses it takes to defend oneself in the justice system. Wealthy people should not be the only ones to be able to defend themselves properly. Class lecture has discussed the needs for more attention to be paid towards our youth justice system and how it handles youth cases.
The Donald Marshall case grabbed headlines when the Royal Commissions inquiry provided all of the injustices Marshall faced throughout his 14 years dealing with the criminal justice system. As discussed in class, more dignity and care needs to be shown to those who have been discriminated against. Social stigmas should not control how one is treated in the justice system. Furthermore, locking a youth away for the rest of their lives does more harm than good. Society needs to think about repairing the damage that has been done rather than locking someone away. Those who live in poverty should not be viewed in a negative light and should be able to defend themselves when needed. All of these topics are found in class lecture as well are prominent themes in the Marshall case. Rehabilitation and restorative justice have shown to have positive effects on those involved, prison does not. The criminal justice system needs to take the steps on bettering society instead of ruining lives that can be rehabilitated.