Blake Invitational 1 Kamiak nb aff

27 (38) Edgemont RG Neg

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

DA Court Clog

Plea-bargaining keeps courts from becoming overwhelmed

Brown 15, Daryl. O.M. Vicars Professor of Law at University of Virginia; formerly a member of the faculty or a visiting professor at UCLA School of Law, Washington and Lee University School of Law, University of Georgia School of Law, and University of Muenster in Germany; visiting scholar at the Criminology Centre, Oxford University Aug 10 2015. Does Plea Bargaining Add to Criminal Case Loads? https://casetext.com/posts/does-plea-bargaining-add-to-criminal-court-caseloads

If there is

AND

caseloads they face.

Abolishing plea bargaining would cause all cases to go to trial, causing court clog

Walsh 17 Dylan Experienced editor and writer with a background in science/environment. Contributed to The New Yorker online, The New York Times, The Atlantic, The Guardian, Orion, and Yale e360, among other publications “Why US Criminal Courts Are So dependent on Plea Bargaining”, the Atlantic https://www.theatlantic.com/politics/archive/2017/05/plea-bargaining-courts-prosecutors/524112/

Plea bargains were

And

system “less awful.”

Impacts of court clog turns case – detention during trial disproportionately harms the poor and wastes public resources

Ingraham ’15 Christopher Ingraham writes about politics, drug policy and all things data. He previously worked at the Brookings Institution and the Pew Research Center, The Washington Post, 6-11-2015, "Why we spend billions to keep half a million unconvicted people behind bars," https://www.washingtonpost.com/news/wonk/wp/2015/06/11/why-we-spend-billions-to-keep-half-a-million-unconvicted-people-behind-bars/?utm_term=.d7b9be8a0653

At any

AND

some cases indefinitely.

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

AND

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

AND

the convictions at trial.

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

AND

trauma this entails.

CP No Judges in PB

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

AND

with due process ....

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

The Supreme Court

AND

courts as well.

CP Reforms, Bias

The CP text is: Plea bargaining in the United States criminal justice system ought to be reformed as outlined by the solvency advocate

Baughman 16, Shima. “3 Professors Have A Radical Idea For How To Remove Bias From The Criminal Justice System.” Business Insider. October 22, 2016. Web. December 06, 2017. http://www.businessinsider.com/how-to-remove-bias-criminal-justice-system-2016- 10.

Prosecutors typically

AND

make decisions blind?

CP Reforms

The United States ought to implement plea bargain reform as outline by the solvency advocate. This would include, limits on judicial sentencing discretion, bolstering defendant representation during plea negotiations, expanding and equalizing prosecutor and defendant access to evidence and trial information, and increased funding and staffing for prosecutors and public defenders.

Church, Thomas W. “In Defense of ‘Bargain Justice.’” Law and Society Review, vol. 13, no. 2, 1979, pp. 509–525. JSTOR, JSTOR, www.jstor.org/stable/3053266.

In the real

AND

full jury trial.

Coercion is not a feature of plea-bargaining – it’s just prevalent in its current iteration – the CP solves.

Church, Thomas W. “In Defense of ‘Bargain Justice.’” Law and Society Review, vol. 13, no. 2, 1979, pp. 509–525. JSTOR, JSTOR, www.jstor.org/stable/3053266.

As I indicated

AND

present argument.

The CP eliminates coercion – it shifts the system of plea bargaining to be just about the facts – not utopian, it’s largely consistent with how things operate now

Church, Thomas W. “In Defense of ‘Bargain Justice.’” Law and Society Review, vol. 13, no. 2, 1979, pp. 509–525. JSTOR, JSTOR, www.jstor.org/stable/3053266.

In the preceding

AND

in a court.