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NCJRS Abstract

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NCJ Number: 152050 Find in a Library
Title: Elusive Justice: Beyond the Marshall Inquiry
Editor(s): J Mannette
Date Published: 1992
Page Count: 123
Sponsoring Agency: Fernwood Publishing
Halifax, Nova Scotia B3K 5S3, Canada
Publication Number: ISBN 1-895686-02-4
Sale Source: Fernwood Publishing
Box 9409, Station A
Halifax, Nova Scotia B3K 5S3,
Type: Legislation/Policy Analysis
Language: English
Country: Canada
Annotation: Five essays review the work and findings of Nova Scotia's Royal Commission on the Donald Marshall, Jr. Prosecution, which investigated the criminal justice system's wrongful conviction and imprisonment of Donald Marshall, Jr., a member of the tribe of Mi'kmaq of the Nova Scotia Indians.
Abstract: The first essay reviews the Marshall case, which involved the wrongful arrest, conviction, and imprisonment of Marshall for a murder he did not commit; he was in prison for 11 years before his release and subsequent acquittal at retrial. This essay identifies how and why this happened, followed by an analysis of the establishment and work of the Marshall Commission. The author concludes that the injustice against Marshall resulted from the incompetence of police, lawyers, judges, and other officials of the justice system in Sydney in 1971, mixed with the bigotry and racial stereotyping typical of the time. In examining the legal consciousness in the Marshall inquiry, the second essay considers the Indian in race consciousness; the Mi'kmaq as Indians; race consciousness in Sydney, Nova Scotia; the history of immigrant thought about Indians; Mi'kmaq legal status; and the Mi'kmaq and the Crown. The third essay discusses the social construction of ethnic containment as revealed in the work of the Marshall Commission, followed by an essay that examines the Marshall case from a human rights perspective. The concluding essay looks beyond the Marshall inquiry to an alternative Mi'kmaq worldview and justice system. Chapter references and notes
Main Term(s): Criminology
Index Term(s): Criminal justice system analysis; Criminal justice system effectiveness; Discrimination; Eskimos; Foreign criminal justice systems; Nova Scotia
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