Blake Invitational 1 Kamiak nb aff

8 Valley CR Aff

https://hsld.debatecoaches.org/Valley/Rieger+Aff

Aff Kantian Punishment

The endorsement of truth through reason is the only innately motivating feature of any system of ethics.

Tubert, Ariela. “Constitutive arguments.” Philosophy Compass, 5/8, 2010, pp. 656-666.

"One may think ... certain rational requirements."

There is no a priori morally relevant distinction among persons.

Godofsky, Jessica. “Future generations and the right to survival: a deontological analysis of the moral obligations of present to future people.” TCNJ Journal of Student Scholarship, vol. XII, April 2010.

"Indeed, human beings ... right to survival."

All ethical systems are governed by the law of noncontradiction.

Gahringer, Robert. “Moral law.” Ethics, Vol. 63, No. 4, July 1953, pp. 300-304.

"Within any deductive ... the larger sense"

Thus, any choice that positions some as subject to treatment as a mere means fails the categorical imperative.

Reiman, Jeffrey. “Justice, civilization, and the death penalty: answering van den Haag.” Philosophy and Public Affairs, vol. 14, no. 2, Spring 1985, pp. 115-148.

"I call the ... the relevant ways"

Punishment is rendered moral by the individual’s decision to voluntarily defect from the requirement.

Hill, Thomas. “Kant on wrongdoing, desert, and punishment.” Law and Philosophy, vol. 18, No. 4, July 1999, pp. 407-441.

"Moral duties are ... to respect it."

Punishments are rendered obligatory because and only because of desert — that is, the agent ratifies the treatment by expressing contradictory maxims underlying decision to treat others as mere means.

McCloskey, H.J. “Utilitarian and retributive punishment.” The Journal of Philosophy, vol. 64, no. 3, February 16, 1967, pp. 91-110.

"These criticisms of ... what he deserves"

In both cases, the purpose of the system is to provide undeserved punishment.

Kipnis, Kenneth. “Plea bargaining: a critic’s rejoinder.” Law and Society Review, Winter 1979.

"Justice in punishment ... of plea bargaining."

Rather, it is that those engaging in the bargaining process necessarily do so with the intent to assign punishment not based on desert.

Kipnis, Kenneth. “Plea bargaining: a critic’s rejoinder.” Law and Society Review, Winter 1979.

"Bargains are out ... justice system itself."

In the case of guilty defendants they knowingly lie that they have committed an offense lesser than their actual crime; in the case of innocent defendants they lie claiming that they committed a crime when they have not.

Kipnis, Kenneth. “Plea bargaining: a critic’s rejoinder.” Law and Society Review, Winter 1979.

"Plea bargaining should ... ‘plea’ of guilty."

Aff Race

Oppression frustrates all ethics because it excludes its targets from ethical consideration. It must be challenged through discourse.

Winter, Deborah, and Leighton, Dana. “Structural violence.” In D. J. Christie, R. V. Wagner, and D. D. Winter (Eds.), Peace, conflict, and violence: Peace psychology in the 21st century. New York: Prentice-Hall, 2001.

“Finally, to recognize ... appreciation of diversity.”

Oppression dominates the identities of those who suffer from it, excluding them from agency.

Gonick, Lev and Isaac Prilleltensky. “Polities change, oppression remains: on the psychology and politics of oppression.” Political Psychology, vol. 17, no. 1, March 1996, pp. 127-148.

“According to our ... Browne and Finkelhor, 1986).”

Rejecting oppression comes before normative ethics because disregarding lived experience in favor of ethical abstraction is itself a form of oppression.

Halewood, Peter. “White men can’t jump: critical epistemologies, embodiment, and the praxis of legal scholarship.” Yale Journal of Law and Feminism, vol. 7, No. 1, 1995.

“Where we are ... tradition) with masculinity.”

State policies grounded in ideal ethical theories of social contract and retributive justice seek to legitimate criminal justice but the on-the-ground reality is that the system is actively hostile to subordinated groups.

Borchetta, Jenn and Alice Fontier. “When race tips the scales in plea bargaining.” Slate, October 23, 2017.

“A new study ... plea to offer.”

The oppressive nature of the criminal industrial system is not an anomaly caused by bad actors, but rather is a necessary part of the system’s design.

Borg, Lane. “Racism is built into our criminal justice system.” Oregon Live, February 22, 2016.

"The liberal wing ... for large-scale protest."

Working within the system can’t solve because the system itself is, by its nature, a tool of racism.

Brewer, Rose and Nancy Heitzeg. “Crime and punishment: criminal justice, color-blind racism, and the political economy of the prison industrial complex.” American Behavioral Scientist, vol. 51, no. 5, January 2008.

“The call for ... and classist corollaries.”

Trials are not a feature of the CRIMINAL INJUSTICE SYSTEM but rather an anomaly.

Scott, Robert and William Stuntz. “Plea bargaining as contract.” The Yale Law Journal, vol. 101, no. 8, Symposium: Punishment, June 1992, pp. 1909-1968.

“The criminal process ... criminal injustice system.”

Because of the nature of plea bargains as agreements between parties, attorneys that agree through dismissive conversation exclude defendants entirely and make truth beside the point.

Lippke, Richard L. The Ethics of Plea Bargaining. 1st ed., vol. 1, Oxford University Press, 2011.

"It would seem ... crimes have done."

Elected prosecutors will by definition be responsive to antiblack pressures coming from their constituents; in this context, maintaining a criminal injustice system with the power to incarcerate black bodies is inherently violent.

Savitsky, Douglas. The Problem With Plea Bargaining: Differential Subjective Decision Making As An Engine Of Racial Disparity In The United States Prison System. Cornell University, Proquest Dissertations Publishing, 2009.

“Plea bargaining has ... of Black defendants.”

And, plea bargaining cannot occur absent the societal background.

Lippke, Richard L. The Ethics of Plea Bargaining. 1st ed., vol. 1, Oxford University Press, 2011.

"Demonstrating this in ...their fellow citizens."