Blake Invitational 1 Kamiak nb aff

18 Oakwood AW Neg

https://hsld.debatecoaches.org/Oakwood/Weiner+Neg

CP One Day Max

Counterplan text: The CJS ought to adopt a universal plea bargain mandated at a 1 day prison sentence for all plead out crime convictions.

Solves the aff

Analytic 1

Analytic 2

Analytic 3

CP Reforms

The United States Federal Government should eliminate prison for lower-level crimes, reduce sentencing minimums, and eliminate “truth-in-sentencing” and “three-strikes” policies. These policies will apply retroactively.

-three strike laws require that someone that commits a felony and two other crimes be sentenced to life in prison.

-truth-in-sentencing laws minimize the amount of parole people are given

Normal means is clarified by the evidence.

The CP significantly reduces mass incarceration.

Cullen 16 James (Research and Program Associate in the Brennan Center’s Justice Program) “Four Things We Can Do to End Mass Incarceration” December 19 2016 https://www.brennancenter.org/blog/four-things-we-can-do-end-mass-incarceration

It’s time for …in-stone rules.

DA Court Clog (Race & Oakley Impact)

Courts and judges are swamped and barely getting by, any more will be too much.

Thanawala 15 Sudhin Thanawala "Wheels of justice slow at overloaded federal courts", Chicago tribune 9-28-2015 http://www.chicagotribune.com/news/nationworld/sns-bc-us~-~-federal-case-backlog-20150927-story.html MW

Attorney Martha Gomez …forward are delayed."

Plea bargain bans empirically reduce disposition rates and increases in the amount of jury trials.

Holmes et. Al 92 Malcolm D. Holmes, Howard C. Daudistel and William A. Taggart “Plea Bargaining Policy and State District Court Caseloads: An Interrupted Time Series Analysis” Law and Society Review, Vol. 26, No. 1 (1992), pp. 139-160 Law and Society Association http://www.jstor.org/stable/3053839 MW

These findings suggest …a causal role:

Bar associations ask DAs to reconsider plea bargain bans. They can’t handle it.

Fisher 92 Ian Fisher "Reconsider Ban on Plea Bargains, Bronx Lawyers Ask", New York Times 12-4-1992 http://www.nytimes.com/1992/12/04/nyregion/reconsider-ban-on-plea-bargains-bronx-lawyers-ask.html MW

The Bronx County …a speedy trial.

Impact 1: Court clog systematically hurts minorities and poor folk.

Van Brunt 15 Alexa Van Brunt “Poor people rely on public defenders who are too overworked to defend them” The Guardian June 17, 2015 https://www.theguardian.com/commentisfree/2015/jun/17/poor-rely-public-defenders-too-overworked MW

Money can buy …systems’ underfunding and overwork.

Impact 2: Federal court clog collapses the federal judiciary – overburdens dockets, expansion can't keep pace

Oakley 96 John B. Oakley, Distinguished Professor of Law Emeritus US Davis School of Law, 1996 The Myth of Cost-Free Jurisdictional Reallocation

Personal effects: The hidden costs of …of the nation.

19 Apple Valley KA Aff

https://hsld.debatecoaches.org/Apple+Valley/Anderson+Aff

Aff Oppression + non-prosecution and deferred-prosecution agreements Plan (w/ Poverty & Cartels)

Debate should focus on material conditions of oppression—anything else is a move towards abstraction that shuts down important conversations.

Curry 14 Dr. Tommy J, Professor of Philosophy, Affiliated Professor of Africana Studies, and a Fellow at Texas AandM University; first Black JV National Debate champion (for UMKC) and was half of the first all Black CEDA team to win the Pi Kappa Delta National Debate Tournament. “The Cost of a Thing: A Kingian Reformulation of a Living Wage Argument in the 21st Century.” 2014. IB

Despite the pronouncement of debate as an activity and intellectual exercise pointing to the real

AND

our cast-away-ness among our ideological tendencies and politics.’

Thus, the standard is resisting oppression. Prefer additionally—

1 Reductionism: personal identity doesn’t exist.

Olson Eric T. (Professor of Philosophy at the University of Sheffield) “Personal Identity” Stanford Encyclopedia of Philosophy Aug 20, 2002; substantive revision Oct 28, 2010 http://plato.stanford.edu/entries/identity-personal/#PsyApp JW

Whatever psychological continuity may amount to, a more serious worry for the Psychological Approach

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, you are both hungry and not hungry at once: a contradiction.

This means consequentialism – moral theories can’t focus on individuals since there’s nothing that unifies them across time. Only states of affairs can have value.

2 Other frameworks collapse to consequentialism—there’s no act-omission distinction for states.

Sunstein et al 05 Cass R. Sunstein and Adrian Vermeule. The University of Chicago Law School. “Is Capital Punishment Morally Required? The Relevance of Life‐Life Tradeoffs.” JOHN M. OLIN LAW and ECONOMICS WORKING PAPER NO. 239. The Chicago Working Paper Series. March 2005

In our view, both the argument from causation and the argument from intention go

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a set of policy instruments that do not adequately or fully discourage it.

3 Ideal theory is inadequate – interpretative variability means that ideal theory can’t actually determine whether an act will bring us closer or further relative to an ideal state of affairs.

Wedgwood '14, Ralph (Professor of Philosophy at University of Southern California), "Against Ideal Theory", Ralph Wedgwood's Blog, 05/02/2014, ralphwedgwood.typepad.com/blog/2014/05/against-ideal-theory.html#more

For evaluative and normative theorizing, what is most important is to articulate a plausible

AND

to be more just, or more virtuous or rational, than y).

Adv 1: Cartels

Big banks operate with impunity. They launder billions in drug cartel money and get away with it for nothing.

Zach Carter, 7-14-2010, "Wall Street Is Laundering Drug Money And Getting Away With It," HuffPost, https://www.huffingtonpost.com/zach-carter/megabanks-are-laundering_b_645885.html

Too-big-to-fail is a much bigger problem than you thought

AND

shielded from what ought to be the ordinary functioning of the justice system.

Drug cartels and organized crime can’t be fought like other groups. Going after the money is key. These groups rely on fraud and financial crimes and passing through established banks.

Parker Asmann, 3-28-2017, "Governments Must Go After the Money to Combat Transnational Crime: Report," InSight Crime, https://www.insightcrime.org/news/analysis/transnational-crime-multi-trillion-dollar-business-in-developing-world-report/

The report’s primary authors, GFI policy analyst Channing May and program manager Christine Clough

AND

to hide illicit financial flows by making them appear as legitimate business transactions.

Cartel violence is devastating. Cause over-backlash and abuse by security groups and forces citizens into dangerous vigilante violence or extortion. And conventional military tactics fail and escalate violence.

Ioan Grillo and Fernando Brito. Fernando Brito from Culiacan, Sinaloa, is an award-winning photojournalist who has documented drug cartel violence for newspapers and photo exhibitions since 2004. Ioan Grillo, a native of England, is a freelance journalist based in Mexico City. He is the author of Gangster Warlords: Drug Dollars, Killing Fields and the New Politics of Latin America (2016) and El Narco: Inside Mexico’s Criminal Insurgency (2011). "Drug Cartel Violence In Mexico," https://themobmuseum.org/exhibits/drug-cartel-violence-mexico/

Mexico has suffered from a decade of brutal violence. Most of it stems from

AND

in Mexico since 2000, according to the press freedom group Article 19.

Adv 2: Poverty

Money laundering has systemic economic impacts – sounds countermeasures are key to avoiding economic decline

McDowell and Novis 1 (John, Senior Policy Adviser, and Gary, Program Analyst, Bureau of International Narcotics and Law Enforcement Affairs) “THE CONSEQUENCES OF MONEY LAUNDERING AND FINANCIAL CRIME” Economic Perspectives An Electronic Journal of the U.S. Department of State Vol. 6, No. 2, May 2001 AT

Modern financial systems, in addition to facilitating legitimate commerce, also allow criminals to

AND

problem that could be prevented with proper anti-money-laundering controls.

First economic fraud and downturns such as the 08 crises massively increases poverty and suffering world wide. UN News 09

UN News Service Section, 3-3-2009, "UN News," http://www.un.org/apps/news/story.asp?NewsID=30070#.WjNP8lWnEfc

The global financial crisis sweeping through Wall Street and the European banking sector will touch

AND

as the EU to provide a $4.6 billion aid adjustment.

You should privilege everyday violence for two reasons- A) social bias underrepresents its effects B) its effects are exponential, not linear which means even if the only causes a small amount of structural violence, its terminal impacts are huge

Nixon ’11 (Rob, Rachel Carson Professor of English, University of Wisconsin-Madison, Slow Violence and the Environmentalism of the Poor, pgs. 2-3)

Three primary concerns animate this book, chief among them my conviction that we urgently

AND

in situations where the conditions for sustaining life become increasingly but gradually degraded.

Plan

Plan Text: Non-prosecution and deferred-prosecution agreements ought to be abolished in the United States criminal justice system. To clarify, these are just types of plea bargains used with large corporations where they admit guilt and pay a fine.

Solvency

And the plan is key. Status quo incentives will always push prosecutors to plea deals if it’s an option. Only consistent and constant prosecution will bring them to justice.

Patrick Radden Patrick Radden Keefe, a staff writer, has been contributing to The New Yorker since 2006. He has written about the chef turned world traveller Anthony Bourdain, the capture of the Mexican drug baron Joaquín (El Chapo) Guzmán Loera, and allegations of corruption against the tycoon Beny Steinmetz over a lucrative mining concession in Guinea. His story “A Loaded Gun,” about the troubled history of the mass shooter Amy Bishop, received the National Magazine Award for Feature Writing in 2014; he was also a finalist for the National Magazine Award for Reporting in 2015 and 2016. He is the author of two books: “The Snakehead: An Epic Tale of the Chinatown Underworld and the American Dream,” which grew out of an article published in the magazine, and “Chatter: Uncovering the Echelon Surveillance Network and the Secret World of Global Eavesdropping.” He is the recipient of a Guggenheim Fellowship and fellowships at the Woodrow Wilson International Center for Scholars, the New America Foundation, and the Cullman Center for Scholars and Writers at the New York Public Library., 7-31-2017, "Why Corrupt Bankers Avoid Jail," New Yorker, https://www.newyorker.com/magazine/2017/07/31/why-corrupt-bankers-avoid-jail

Prosecutors came to rely instead on a type of deal, known as a deferred

AND

trial, making you more likely to opt for a plea agreement instead.

AND only harsher punishments can solve. Deals that lead to fines are just seen as the cost of doing business.

Patrick Radden Patrick Radden Keefe, a staff writer, has been contributing to The New Yorker since 2006. He has written about the chef turned world traveller Anthony Bourdain, the capture of the Mexican drug baron Joaquín (El Chapo) Guzmán Loera, and allegations of corruption against the tycoon Beny Steinmetz over a lucrative mining concession in Guinea. His story “A Loaded Gun,” about the troubled history of the mass shooter Amy Bishop, received the National Magazine Award for Feature Writing in 2014; he was also a finalist for the National Magazine Award for Reporting in 2015 and 2016. He is the author of two books: “The Snakehead: An Epic Tale of the Chinatown Underworld and the American Dream,” which grew out of an article published in the magazine, and “Chatter: Uncovering the Echelon Surveillance Network and the Secret World of Global Eavesdropping.” He is the recipient of a Guggenheim Fellowship and fellowships at the Woodrow Wilson International Center for Scholars, the New America Foundation, and the Cullman Center for Scholars and Writers at the New York Public Library, 7-31-2017, "Why Corrupt Bankers Avoid Jail," New Yorker, https://www.newyorker.com/magazine/2017/07/31/why-corrupt-bankers-avoid-jail

The failure to prosecute white-collar executives might be more justifiable if there were

AND

a bit of unpleasantness: a passing hassle, like a parking ticket.

Tackling corrupt bankers is key to solving. It’s not about getting them to work with us either. Harsh punishments are key to deterrence.

Mazur 13 (Robert, former federal agent) “How to Halt the Terrorist Money Train” NYT Jan 2 AT

The only way to stop the flow of this dirty money is to get tough

AND

both of these scourges by putting the bankers who facilitate them in jail.

UV – Method

We’re not the law or state affirmation – making demands is key to movements.

Newman ’10 Saul, political theory at the University of London. “The Horizon of Anarchy: Anarchism and Contemporary Radical Thought” Theory and Event, Volume 13, Issue 2. 2010

There are two aspects that I would like to address here. Firstly, the

AND

and equalities, and state practices which in reality violate and deny them.

UV – Theory

Plea bargaining is, as defined by Langbein 78:

Langbein, John H., Sterling Professor Emeritus of Law and Legal History at Yale Law School; Professorial Lecturer in Law "Torture and Plea Bargaining" (1978). Faculty Scholarship Series. Paper 543. http://digitalcommons.law.yale.edu/fss_papers/543 CR

By way of preface, let me set forth briefly some of the rudiments of

AND

condemns the accused on the basis of his confession, without independent adjudication.

A Non-Prosecution Agreement is exactly that companies confess guilt, don’t get a trial, and pay a fine or a lenient sanction. Sack in 12:

Jonathan S. Sack He served for thirteen years as an Assistant U.S. Attorney for the Eastern District of New York, where he handled significant prosecutions in the areas of securities and financial institution fraud, RICO violations, export control offenses, money laundering, and drug trafficking. While Chief of the Criminal Division there, he oversaw investigations and prosecutions conducted by more than one hundred Criminal Division Assistant U.S. Attorneys in all areas of federal criminal law. He tried more than a dozen federal cases and has argued on numerous occasions in the Court of Appeals for the Second Circuit. In 1996, he received a Department of Justice Director’s Award for Superior Performance as an Assistant U.S. Attorney. Prior to becoming an Assistant U.S. Attorney, Jon was an associate at Cravath, Swaine and Moore. He joined Morvillo Abramowitz as a partner in 2003. Jon is co-author of Federal Corporate Sentencing: Compliance and Mitigation, Rev. Ed. (2017), a frequently cited one-volume treatise updated annually, and co-author of the “White Collar Crime” column in the New York Law Journal. Jon is a regular contributor to The Insider Blog on Forbes.com. He has been an Adjunct Professor of Law at St. John’s University School of Law, where he has taught a course in white collar crime, and regularly publishes articles and speaks on issues relating to the representation of companies and individuals in criminal, regulatory and internal investigations. Named a leading lawyer by Chambers USA: America's Leading Lawyers for Business in the area of Litigation: White Collar Crime and Government Investigations, Jon has been described as “one of the most diligent and careful lawyers ... he's a lawyer's lawyer.” He also has been recommended by The Legal 500 United States in White Collar Criminal Defense and Securities Litigation and described as “relentless and infallible.” Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms and Attorneys has recognized Jon as a “Litigation Star” in the area of White Collar Crime/Enforcement/Investigations. In addition, Who’s Who Legal – The International Who’s Who of Business Lawyers has recognized Jon as a leading business crime defense lawyer and described him as “technically brilliant and extremely reliable.” He has also been recognized in Thomson Reuters’ Super Lawyers. Jon is a member of the Advisory Committee on Civil Litigation of the United States District Court for the Eastern District of New York. He belongs to numerous professional organizations, including the American Bar Association, the New York City Bar Association (past member of the Federal Courts and Criminal Law Committees), the Federal Bar Council (Chairman of the U.S. Attorneys Internship Committee, and member of the Second Circuit Courts Committee), and the National Association of Criminal Defense Lawyers. Jon is on the Executive Committee of the Yale Law School Association and is a member of the Editorial Advisory Board of Today's General Counsel magazine. He is also a member of the Advisory Board of Common Justice, a project based in Brooklyn, New York, which works with victims of crime, defendants, and courts to provide an alternative to incarceration for youthful offenders. et. al. 2012, 1-12-2012, "Be Careful What You Wish For: How Deferred and Non-Prosecution Agreements Can Be Used in Civil Litigation," No Publication, https://www.bna.com/deferred-and-non-prosecution-agreements

A company under criminal investigation by federal prosecutors often seeks to resolve the investigation

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conduct, and a prohibition on public statements contradicting admissions in the agreement.

1 Semantics presume an absolute truth topic—subsets are fine.

Overing ’14 Bob, TOC Finalist 2012. “Topicality and Plans in LD: A Reply to Nebel by Bob Overing” Premier. December 11, 2014 IB

As Nebel has pointed out, it’s hard to come up with many plans that

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T2-T6 to allow more policy debate on quasi-policy topics.

2 Education—policy-esque topics deserve to be debated that way.

Overing ’14 Bob, TOC Finalist 2012. “Topicality and Plans in LD: A Reply to Nebel by Bob Overing” Premier. December 11, 2014 IB

E) LD topics are generally quasi-policy propositions, not propositions of value

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the defined or assumed focus of the aff case, not the resolution.