Blake Invitational 1 Kamiak nb aff

13 William Enloe TG Neg

https://hsld.debatecoaches.org/Enloe/Gedela+Neg

CP Ceilings

Counterplan text: The criminal justice system should implement Plea-Based Ceilings.

Covey 08 ~Russell D Covey (Russell Covey, professor of law, focuses his research on criminal law and procedure. He is the author of numerous articles on topics including the death penalty, police interrogation, crime and popular culture, jury selection, and plea bargaining. As a member of the National Association of Criminal Defense Lawyers.). "Fixed Justice: Reforming Plea-Bargaining With Plea-Based Ceilings." Jan 1, 2008. Georgia State University College of Law. https://readingroom.law.gsu.edu/cgi/viewcontent.cgi?referer=https://scholar.google.com/andhttpsredir=1andarticle=1585andcontext=faculty_pub~~AM

As the name suggests, plea-based ceilings would establish mandatory caps or ceilings

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the punishment that could be imposed on the defendant who pleads not guilty.

Solves coercion and court clog—prosecutors wouldn't be allowed to offer immensely reduced sentences to entice defendants to plead guilty, and weak cases are dismissed.

Covey 2 ~Russell D Covey (Russell Covey, professor of law, focuses his research on criminal law and procedure. He is the author of numerous articles on topics including the death penalty, police interrogation, crime and popular culture, jury selection, and plea bargaining. As a member of the National Association of Criminal Defense Lawyers.). "Fixed Justice: Reforming Plea-Bargaining With Plea-Based Ceilings." Jan 1, 2008. Georgia State University College of Law. https://readingroom.law.gsu.edu/cgi/viewcontent.cgi?referer=https://scholar.google.com/andhttpsredir=1andarticle=1585andcontext=faculty_pub~~AM

Fixed-plea discounts offer four primary benefits, which will be discussed in detail

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criminal courts, and, perhaps most importantly, criminal defendants themselves.35

K Afropessimism

Focus on contingent struggles such as the injustice of trials serve to mask the foundational oppoistion – your focus on injustice as a way the system is right now rather than the system itself completely contradicts your attempt to have an abolitionist approach to injustice

Wilderson 10: Wilderson, Frank B. ~A true legend~ "Red, White, and Black." Duke University Press, 2010. RP

The three structuring positions of the United States (Whites, Indians, Blacks)

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, such intrasettler discussions are the foundation of the "radical" agenda.

Contingent demands on the state, like the aff, fail. Contingent reforms can never be a starting point for abolition

Wilderson 2: Wilderson, Frank B. ~A true legend~ "Red, White, and Black." Duke University Press, 2010. RP

Regarding the Black position, some might ask why, after claims successfully made on

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in addition, as Patterson argues, no slave is in the world.

The alternative is to reject the political strategy of the 1AC and burn down civil society – this isn't to say the 1AC itself is wrong, but their starting point of civil society is doomed to failure. The plan also clearly achcivnes better not just reofmring actually going towards the end of the world.

Farley 05: Farley, Anthony P. ~Professor, Boston Law School~ "Perfecting Slavery" Loyola University Chicago Law Journal, Volume 36. 2005. RP

What is to be done? Two hundred years ago, when the slaves in

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be free, if they would escape slavery, win the entire world.

Only an unflinching paradigmatic analysis can address antiblackness – don't use the game but destroy it – any inclusion of the 1AC is doomed to be coopted.

Wilderson 3: Wilderson, Frank B. ~A true legend~ "Red, White, and Black." Duke University Press, 2010. RP

In leftist metacommentaries on ontology (and in the political com- mon sense and

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, life itself, when looked at through the eyes of the Slave.

(Add on for a trans aff below)

AND, blackness fundamentally structures the sexuality divide in the world involving homophobia, queerness etc and is a prior question

Jackson '11 ("Waking Nightmares." Zakkyiah Iman Jackson on David Marriot. Zakkyiah has a Ph.D. @ University of California Berkeley. Peaches, April 2011)

Marriott reminds us that nonbeing is the existential burden facing black people under the conditions

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practices as criminal, queer, nationally polluting, and pathological.15\

NC Particularism

Universal rules fail. Any application of rules can never be verified because rules are indeterminate, as they require prior knowledge to understand them, which can never be the basis for truth.

Kripke "Wittgenstein on Rules and Private Language" by Saul A. Kripke Harvard University Press Cambridge, Massachusetts 1982

"Normally, when we consider a mathematical rule such as addition, we think

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Tower, or a chair found there?. ." (17-20)

If ethics cannot be based on rules, the ethical project must begin with practices. Unlike rules, practices are followed based on socially accepted procedures, as opposed to an indefinite number of rules.

Mouffe "The Democratic Paradox" by Chantal Mouffe 2000

"This reveals that procedures only exist as complex ensembles of practices. Those practices

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not supported by a specific form of ethos." (68-69)

An ethic based in a practice instead of rules require particularism. The virtuous character does not follow a rule that precedes and guides every context. In a particular context, the virtuous character acts for the right reasons, with the right motives, and at the right time. We agree on the goodness of virtues, and the particular context determines the conditions for virtuous decision making.

Leibowitz PARTICULARISM IN ARISTOTLE'S NICOMACHEAN ETHICS * Uri D. Leibowitz University of Nottingham (Forthcoming in The Journal of Moral Philosophy) *brackets for gendered language and clarity

"Following Burnyeat (1980), I understand Aristotle here as engaged in a dialectical

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military option was available to resolve the conflict." (7-14)

Thus, the standard is appealing to virtuous character clarified by the moral complexities of specific situations. To clarify, the standard is not consequentialist since that would rely on the rule of maximizing utility preceding every context that it applies to. Virtuous character requires commitment to particularistic decision making, so the rule of maximizing utility in every context cannot frame how to act virtuously. Independently prefer:

Contention

Vote negative –

1~ Analytic

2~ Analytic

3~ Analytic

4~ Even if the AC specifies instances where abolishing plea bargaining is good, it's still a universal application of those instances, since there are still scenarios that fall outsides of the practice. Remember, the NC doesn't appeal to rules, and there is no universal structure to practices.

DANCY: "Ethics Without Principles" by Jonathan Dancy 2004

Deductive reasoning is like this; an inference, once logically valid, remains so

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case (mine) it is the feature that originally spoke in favour.

5~ Analytic

PIC Rape Victims

CP Text: Plea bargaining ought to abolished in the United States criminal justice system except for rape victims who would prefer a plea to a trial. To clarify, those who want the case to go to trial still can.

Carolyn E. DeMarest ~Supreme Court Justice in Brooklyn~ "Plea Bargaining Can Often Protect the Victim" NY Times, http://www.nytimes.com/1994/04/15/opinion/l-plea-bargaining-can-often-protect-the-victim-794066.html, 4-15-94 RE

I believe the public is ill served by perpetuation of the myth that plea bargaining

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accept a plea merely because the prosecution and defense have struck a deal.

Having the option of a plea deal is net preferable—some victims prefer not to have their life scrutinized and pleading to a lesser crime is better than an acquittal. Atassi 10:

Leila Atassi, 10-24-2010, "Fears of juror biases often prevent rape cases from making it to trial, Cuyahoga County prosecutors say," cleveland, http://blog.cleveland.com/metro/2010/10/fears_of_juror_biases_often_pr.html RE

A sexual-assault victim's lifestyle comes under great scrutiny by defense lawyers and can

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sex offender is not worth the risk of him being found not guilty."

Theory Spec PB

Interp – the aff must specify in what circumstances plea bargaining is to be abolished in. They may not defend the resolution as a general principle.

1~ Semantics - Bare plurals with stage-level predicates must be interpreted existentially, meaning they must be specified.

Overing 16 (Bob Overing, "Plans are Good: September-October 2016 Edition by Bob Overing", 10-13-2016, http://premierdebatetoday.com/2016/10/13/plans-are-good-september-october-2016-edition-by-bob-overing/) JC

If my linguistic intuitions aren't persuasive, consider the distinction Nebel cites from Carlson (

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even before the actual production of nuclear power. Neither option is attractive.

Theory Spec [Your Standard]

Interpretation: If debaters read a standard of consistency with life form judgements, they must specify how to weigh between different life form judgements in a delineated text in the 1AC.

Violation:

Standards:

Strat skew —

Clash —

Theory Spec ROB

A. Interpretation: The aff must specify a role of the ballot and clarify how the round will play out under that role of the ballot in the form of a delineated text in the 1AC. The aff must a) clarify how we determine what a legitimate advocacy is and how offense links back to the role of the ballot, and b) clarify whether or not the aff comes before theory.

Theory ASPEC

Interpretation – the aff must clarify the actor enforcing their plan in a delineated plan text in the 1AC.

Violation –

Vote neg –

There are multiple different ways plea bargaining can be implemented.

Wareham 17 (Jack Wareham, TOC quarterfinalist, Victory Briefs Institue, Jan-Fab Topic Analysis) SJ MC

The Alaska ban, which was announced by the state's Attorney General, might also

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reverse elements of the Brady v. United States decision of 1970.12

First, stable ground – Analytic

Second, policy education – Analytic