Blake Invitational 1 Kamiak nb aff

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22 Edgemont ML Neg

https://hsld.debatecoaches.org/Edgemont/Lee+Neg

CP Legalize MJ

CP Text: The United States federal government should legalize marijuana in the United States, retroactively release those convicted for crimes related to marijuana, and cease its War on Drugs.

Every year tons of people are arrested, convicted, prosecuted, and ultimately confined in a prison industrial complex that is growing out of control

BW 12, Brown Watch, News for People of Color, "War on Drugs is a War on Black and Brown Men - 75 Years of Racial Control: Happy Birthday Marijuana Prohibition", October 2, www.brown-watch.com/genocide-watch/2012/10/2/war-on-drugs-is-a-war-on-black-brown-men-75-years-of-racial.html

"There are 100,000 ... criminalization of it.

Reframing legalization as a question of justice positions it as a viable alternative to the “war on drugs” frame

Katherine Tate 14, Professor of Political Science at UC Irvine, Something's in the Air: Race, Crime, and the Legalization of Marijuana, pg. 9

For increasing numbers ... face in America.

Legalizing marihuana helps stop racial profiling

Associated Press, 15’ (“Colorado's pot legalization does little to solve racial disparity in drug arrests “) m.dawghttp://www.theguardian.com/us-news/2015/mar/25/colorado-marijuana-legalization-racial-disparity-drug-arrests

The analysis did ... in a statement.

CP solves incarceration.

Harris 16. Larry Harris, Jr, Contributor, 11-2-2016, "Legalize Pot To Help End The War On Drugs," HuffPost, https://www.huffingtonpost.com/entry/legalize-pot-to-help-end-the-war-on-drugs_us_581a7cf4e4b0570d6d6f0b77 RS

The legalization of ... by legalizing marijuana.

CP No Judges

Judges wield plea bargaining as a tool of coercion that denies due process and mimics the atmosphere that was rejected in Miranda v. Arizona. Klein 04

Richard Klein Richard G. Klein is a Professor of Biology and Anthropology at Stanford University. He is the Anne T. and Robert M. Bass Professor in the School of Humanities and Sciences. “Due Process Denied: Judicial Coercion in the Plea Bargaining Process” HOFSTRA LAW REVIEW, Vol. 32 Issue 4 2004

A poor, uneducated ... with due process

CP Text: The USFG ought to reform the plea-bargaining system to ban judge negotiations in plea bargains. Klein 04

The Supreme Court, ... courts as well.

DA Circumvention

Abolishing plea bargaining causes underground bargaining – empirics prove

Wilkinson 14 (J. Harvie Wilkinson III serves on the United States Court of Appeals for the Fourth Circuit. “In Defense of American Criminal Justice,” Vanderbilt Law Review. Vol. 67:4:1099. Page 1142-1143. https://www.vanderbiltlawreview.org/wp-content/uploads/sites/89/2014/06/In-Defense-of-American-Criminal-Justice.pdf) SM

In sum, plea ... bargaining is not.

Underground negotiations are net worse – empirics from the US prove.

Weninger 87 (Robert A. Weninger. Since arriving at the Texas Tech School of Law, Professor Weninger has taught primarily in the areas of procedure, evidence, and litigation. “The Abolition of Plea Bargaining: A Case Study of El Paso County, Texas”. 1987. UCLA Law Review. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2264459) TruLe

The study examined ... its moral force.

DA Sexual Assault

A. Uniqueness: when sexual assault cases go to trial, most end in acquittals

Taylor 7, Natalie. a senior research analyst and Manager of the Justice and Crime Analysis Program at the AIC. Institute of Criminology. August 2007. https://pdfs.semanticscholar.org/778e/d44f51a0a07de92ffba26357fa980f2addbd.pdf

Sexual assault has ... hard task indeed.

B. Link – plea bargaining ensures punishment for perpetrators and is consistent with successful trial outcomes

Azinge 12 associate professor of law and director of school of legal studies 19th April, 2012 CONVICTION TO COMPROMISE: THE PLEA BARGAIN OPTION http://www.nials-nigeria.org/round_tables/ROUNDTABLE20ON20CONVICTION20TO20COMPROMISE20THE20PLEA20BARGAINING20OPTION.pdf

PREDICTED SENTENCES FOR DEFENDANTS CONVICTED BY PLEA OR DISMISSED

In this section, ..., at V-35 and V-36

C. Impact – Acquittals result in immeasurable harm to society and victims of sexual assault

Wareham 16, Christopher. a lecturer in applied ethics at the Steve Biko Centre for Bioethics at the University of Witwatersrand in Johannesburg, South Africa. Published in association with The London Health and Society Hub an Aeon Partner. Why rape cases should not be subject to reasonable doubt. 16 December, 2016. https://aeon.co/ideas/why-rape-cases-should-not-be-subject-to-reasonable-doubt

Disturbingly low conviction ... trauma this entails.

D. Absent plea bargaining and acquittals, unwilling victims go to trial - While some victims favor trials, for others they can be a devastating experience that plea bargains are favorable too

Molesworth 7 (Claire Molesworth is a JD candidate at Seattle University School of Law. She serves as Managing Editor of the Seattle Journal for Social Justice and as a law clerk at Graham and Dunn PC. “Knowledge Versus Acknowledgement: Rethinking the Alford Plea in Sexual Assault Cases” Seattle Journal for Social Justice Volume 6 Issue 2 Article 8, June 2007 http://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=1132andcontext=sjsj)//AG

Some victims may ... revenge in some way.”214

T Topic

Affirmative must defend the implementation a hypothetical enactment of a governmental policy option that abolishes plea bargaining.

23 Stuyvesant PY Aff

https://hsld.debatecoaches.org/Stuyvesant/Yan+Aff

Aff Kant

The meta-ethic is practical reason.

Regress

Bindingess

Action Theory

Every obligation subscribes us to a normative claim

Humans recognize their own capacity to reasoning by reasoning Analytic

Therefore the value criterion is respecting people as ends in themselves

Prefer additionally

Freedom is a necessary prerequisite to moral action

accessibility

critical thinking

actor spec

Impact calc:

my framework doesn't care about consequences

consequentialism generates infinite obligations

actions requires reason

consequences can't explain why people act

only my framework explains why human life matters

Advocacy: I affirm the resolution as a general principle – I will defend implementation if you would like me to, but it is not relevant under my framework and neither are specifications because we make a normative moral claim so particularities of how the res is to be implemented don't matter. I am willing to and reserve the right to clarify in cx.

Ought implies moral obligation, absent an actor it's a question of whether plea bargaining is justified. Justice is defined as giving each their due -punishment is inherently about giving what is deserved, plea bargaining is definitionally the opposite of justice

Christopher '03

Christopher, Russell.The Prosecutor's Dilemma: Bargains and Punishments, 72 Fordham L. Rev. 93 (2003). Available at: http://ir.lawnet.fordham.edu/flr/vol72/iss1/4 Stuy PY

Illustrating that bargain justice is illegitimate for violating the retributivist principle of giving offenders what

AND

~because~ grades, like punishments, should be deserved.' 165

Contention 1 is coercion

~1~ Plea bargaining is a way of asserting power over the accused and denying them of liberties and stops fair trials

Swenson '95

Bracketed for gendered language

Swenson, Thomas. "The German 'Plea Bargaining' Debate." Pace International Law Review. April 1995. Vol 7, Issue 2 Spring 1995. Article 4. http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1306andcontext=pilr Stuy PY

The right to a "fair trial" has been confirmed by the BVerfG,

AND

will be higher sentences for those convicted in a full trial.1 99

~2~ Plea bargaining decisions are arbitrary and made out of the self interest of the state

Swenson '95

Even Schmidt-Hieber has serious reservations with respect to the arbitrariness of the confession

AND

devotion of the acting parties, which makes each individual disposition arbitrary.227

Contention two retributivism

~1~ The function of the state should be to govern relationships between subjects, thus the law must always treat people as ends in themselves. Criminal punishment should only be imposed when that crime is committed

Swenson '95

The second, later group of natural law thinkers includes Montesquieu (1689-

AND

of themselves this outweighs a) constituitivism b) functionalism c) predictability –

~2~ Plea bargain presumes that justice can be bought or sold, this uses individuals as a means to an end for the function of the state because it is based in the consequence of the bargain itself

Christopher '03

Christopher, Russell.The Prosecutor's Dilemma: Bargains and Punishments, 72 Fordham L. Rev. 93 (2003). Available at: http://ir.lawnet.fordham.edu/flr/vol72/iss1/4 Stuy PY

The retributivist rejection of bargain justice perhaps begins with Kant's consideration of a hypothetical proposal

AND

bargain justice,156 scholars construe his writings as supporting its condemnation.157

~3~ Punishment is an act of retribution meant to establish equality for a wrong, plea bargaining is inconsistent with this – it either forces the accused to suffer a punishment that is undeserved or the accuser to settle for a punishment they think the accused has over-qualified for – punishment cannot be used to use people as means to the ends of society or other individuals

Fisher '07

Talia Fisher, The Boundaries of Plea Bargaining: Negotiating the Standard of Proof, 97 J. Crim. L. and Criminology 943 (2006-2007) Stuy PY

According to the Kantian paradigm, the defendant is a subject in the criminal process

AND

and, in so doing, harms the human dignity of the defendant.

Aff Virtue Ethics

Framework

I affirm and value morality.

Humans are not abstract rational beings – we choose actions within certain constraints but our external space causes us to commit to particular courses of action based on intuition

Bals, Sunstein, Thaler '10

Thaler, Richard H. and Sunstein, Cass R. and Balz, John P., Choice Architecture (April 2, 2010). https://www.sas.upenn.edu/~~baron/475/choice.architecture.pdf Stuy PY

As the school cafeteria shows, small and apparently insignificant details can have major impacts

AND

In this chapter, we offer some basic principles of effective choice architecture.

Ethics can either be deontic or aretaic – the two cannot be equal. Virtue ethics can't be derived from deontic arguments – you can't understand if a person if good enough based on whether or not their action is good enough but you can understand whether or not an action is good enough depending on whether an person is good enough

Gryz '11

Gryz, Jarek. Nov, 2011. "On the Relationship Between the Aretaic and the Deontic" Ethical Theories and Moral Practice. https://link.springer.com/article/10.1007/s10677-010-9258-3 Stuy PY

There are twofundamental classes of terms traditionally distinguished within moral vocabulary: the deontic and

AND

or even explain one set of terms in another will leave something behind.

Thus the value criterion is promoting human flourishing

AND, prefer a teleological explanation of human action.

Analytic

The telos is the end goal of the form that renders intelligible unity of the form. For example, the end goal, or telos, of exercising could be health. All the parts of my body are only intelligible by the telos. Thus, any idea of activity that something engages in, requires a teleological explanation.

Boyle 2 Boyle, Matthew and Douglas Lavin. 2010. Goodness and desire. In Desire, Practical Reason, and the Good, ed. Sergio Tenenbaum. New York: Oxford University Press.

It is one of Aristotle's characteristic thoughts that ascriptions of self-movement or self

AND

directed progressives in particular: in general, a progressive proposition of the form

Only a focus on virtuous orientation accounts for the complexity of moral life. Ethical reasoning cannot be reduced to merely consequentialist or means based calculations of solvency.

Adams Robert Adams: ~Philosopher of metaphysics, ethics and religion, has taught at top schools like Yale, Rutgers, Chapel Hill~ "Involuntary Sins." The Philosophical Review, 1985.

The first thing to be said about this theory is that it is right in

AND

not by trying that we came to be for it or against it.

Advocacy Text: Accomplice plea bargaining ought to be abolished in the United States criminal justice system.

Contention 1 is honesty

~1~ Honor exists among criminals – virtue exists in various degrees, thus acts that prove disparate punishments to more virtuous criminals are morally wrong

Ingram '13

Ingram, Andrew. "A (Moral) Prisoner's Dilemma: Character Ethics and Plea Bargaining" Ohio State Journal of Criminal Law, Vol. 11, No. 1, 2013 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2378070 Stuy PY

A. Is there honor among thieves? In order to show that accomplice plea

AND

section, I will provide an example of two such partners in crime.

~2~ Trust is built in criminal relationships among criminals

Ingram '13

Relationships between partners in crime are relationships involving trust. In this respect, they

AND

(perhaps limited)7 that each will not harm the other by informing

~3~ Accomplice plea bargaining is a violation of that trust and punishes the more honest individual – this is indicative of character

Ingram '13

Bracketed for gendered language

Turning state's evidence against an accomplice thus can be a violation of trust. At

AND

is likely to be punished more severely than her less honest counterpart.15

~4~ The criminal that chooses to bargain is not motivated by justice, but rather selfishness – the system of plea bargaining awards the unjust

Ingram '13

To resist this conclusion, a critic could well object that the argument has been

AND

honest person is more likely to cooperate and receive a lighter sentence stands.

Contention two is distributive justice

~1~ Actions are reflections of character, therefore justice delivered must be proportional to justice given and honesty is a necessary good – this is especially true because the purpose of the justice system is to facilitate character development

Ingram '13

Bracketed for gendered language

To my mind, punishing the more virtuous to a greater degree than the more

AND

unacceptable for it to be encouraging betrayal given that such acts nourish bad character

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