Talk:Donald Marshall Jr.

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Canada: Nova Scotia / Law Mid‑importance

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Ebsary

Why did Ebsary serve only one year for manslaughter when Marshall received a life sentence for the very same crime? Were there mitigating cirumstances for Ebsary? Doubts about self-defense led to a hung jury in his first (of three trials).[1] If self-defense was true, it needs to be mentioned in this article. Marshall may have been not guilty of murdering Seale but have done more than "intend to rob" as the article now states. 75.41.110.200 (talk) 19:05, 6 August 2009 (UTC)[reply]

Ebsary was elderly and a white settler and the victim was a black teenager. Racism played a heavy role in how the killing was perceived and how sentencing was carried out. 129.173.243.134 (talk) 14:48, 7 June 2022 (UTC)[reply]

Was Marshall Robbing Ebsary or Not?

On the CBC radio program As It Happens last night retired Chief Justice Hickman (Nova Scotia), who did the Royal Commission, said the commission was unable to find any evidence to support the claim that Marshall was committing a robbery at the time of the murder. He seemed to be saying that this was not the case at all, giving the impression that someone in the justice system made that up entirely. As cited in the article, the Aug6 NYTimes report of Marshall's death claims Marshall and Seale were trying to rob Ebsary and Ebsary pulled a knife killing Seale. How can these be reconciled? --KenWalker | Talk 14:37, 7 August 2009 (UTC)[reply]

See also CBC TV report, Jan/90 at release of Hickman report. In Roach/Turner Criminal law and procedure (Google books) a summary of the Royal commission report conclusions suggests Marshall and Seale were really just panhandlers rather than robbers.--KenWalker | Talk 15:01, 7 August 2009 (UTC)[reply]

I knew Donny and some of his crowd back in the late 80s, after he was released... the word on the street then was that Ebsary had made some kind of pass at one of them (very bad idea with Mi'kmaq) so they decided to "roll" him, but it backfired terribly. 70.105.34.221 (talk) 16:25, 7 August 2009 (UTC)[reply]

Duty of defence to disclose evidence

In this edit I moved the NYTimes reference up one paragraph to source fact in those paragraphs and removed citation needed flags there as the article does support those challenged facts. I restored the fact flag to the claim that the defence also has a duty to share evidence. I see now that the article cited actually does say that. The New York Times article repeats the claim that Marshall and Seale were robbing Ebsary at the time Ebsary killed Seale. The Hickman report (see above) says that Seale and Marshall were panhandling. Some further source besides the NYT should be found for the claim that the defence has a duty to disclose evidence in a criminal proceeding as that seems highly unlikely. I have raised the question at the WP --KenWalker | Talk 15:16, 7 August 2009 (UTC)[reply]

It appears to be a bad paraphrase in the NY Times, which is not supported by any case law in Canada. The duty is for defence to work with the Crown to make sure disclosure is complete. The defence does not, though, have a duty to disclose their evidence to the Crown (except in alibi cases). I would not cite this article as a reliable source in that respect. Singularity42 (talk) 16:17, 7 August 2009 (UTC)[reply]

Unsourced, unexplained, anon edit.

This edit changes the key event this article altogether. If there is more than one version of what happened, rather than just having the article say what someone anonymous likes best, we should set out the different versions and their sources. If there was a source for the change cited I would not revert it but the lack of source and the fact the anon editor offers no explanation makes me think it should be reverted so I will do that now. --KenWalker | Talk 21:39, 30 November 2009 (UTC)[reply]

This article is grossly flawed

it repeats and adopts as true many of the racist memes that dogged Marshall after his release from prison and subsequent exoneration. 199.188.175.232 (talk) 16:58, 9 March 2022 (UTC)[reply]

What racist memes? Can you please be specific on what in the article is a "racist meme"? Singularity42 (talk) 17:37, 9 March 2022 (UTC)[reply]