Blake Invitational 1 Kamiak nb aff

16 Valley CT Neg

https://hsld.debatecoaches.org/Valley/ThomasMcGinnis+Neg

NC Freedom/Coercion

The ability to bring conditions upon oneself is a prerequisite to moral judgement.

Wallace, R. Jay (Professor of Philosophy, University of California, Berkeley). Responsibility and the Moral Sentiments. (1994).

"To hold someone ... to be explained."

That implies the right to choose the course of one’s own life even if it is against one’s own self-interest.

Dworkin, Ronald (Professor of Law and Philosophy, New York University). Life’s Dominion: An Argument About Abortion, Euthanasia, and Individual Freedom. New York: Knopf, 1993.

"But we must ... realize that aim."

The foundation of the criminal justice system assumes the autonomy of defendants, so rejecting it makes criminal law incoherent.

Hashimoto, Erica (Professor of Law, Georgetown University). “Resurrecting Autonomy: The Criminal Defendant’s Right to Control the Case.” Boston University Law Review (2010).

"Part of the ... and during trial."

Enforcing compliance with a conception of the good on others is the foundation of oppression.

Rawls, John (Professor of Philosophy, Harvard University). Justice as Fairness: A Restatement. Cambridge: Harvard University Press, 2003.

"A continuing shared ... to remain so."

In the status quo, defendants have the right to a jury trial should they wish one; the prevalence of plea bargaining is effectively a waiver of rights.

Howe, Scott (Williams Professor of Criminal Law, Chapman University). “The Value of Plea Bargaining.” Oklahoma Law Review 58 (2005).

"Trading concessions for ... the public interest."

CP (?) Withhold Racial Demographics

Prosecutors use racial profiling to determine plea bargains.

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

"A new study ... plea to offer."

However, knowing the defendants race is not necessary fact for plea bargaining, so cases ought to be blinded in plea bargains.

Shima Baughman, Christopher Robertson, and Sunita Sah. “3 Professors Have a Radical Idea for How to Remove Bias from the Criminal Justice System.” Business Insider, Business Insider, 22 Oct. 2016

"Blinding cases – removing ... can be blinded."

This uniquely solves the harms of plea bargaining in the squo

Goode, Erica. “Stronger Hand for Judges in the ‘Bazaar’ of Plea Deals.” The New York Times, The New York Times, 22 Mar. 2012, www.nytimes.com/2012/03/23/us/stronger-hand-for-judges-after-rulings-on-plea-deals.html.

"97 percent of ... in plea bargains"

DA Court Clog

Taking away plea bargaining means that there will be a complete overload in the court system with cases, and clogged civil courts are self-defeating- they are unsustainable and no trials receive proper attention.

(Ashely; InsideCounsel as managing editor ,"Frivolous lawsuits clogging U.S. courts, stalling economic growth", www.insidecounsel.com/2011/07/22/frivolous-lawsuits-clogging-us-courts-stalling-eco?page=1-5, July 22, 2011)ADS

"Americans’ litigiousness and ... of economic investment."

17 Millard North TQ Aff

https://hsld.debatecoaches.org/Millard+North/Qiu+Aff

Aff Race

First, educational spaces are not neutral – structures such as the school to prison pipeline have made educational spaces a site for ideological exclusion that perpetuates the prison regime and Western state-sanctioned violence.

Rodríguez 1 (Dylan Rodriguez, Professor of the Department of Ethnic Studies at UC Riverside, Summer, Radical Teacher No. 88, “The Disorientation of the Teaching Act: Abolition as Pedagogical Position,” pp. 8-10; 2010)

"We might depart...prison industrial complex."

Second, these carceral logics culminate in a cycle of physical violence that operates under a guise of security promotion and renders certain populations disposable.

Rodríguez 2 (Dylan Rodriguez, Assistant Professor at University of California Riverside, “Abolition Now!: Ten Years of Strategy and Struggle Against the Prison Industrial Complex,” pp. 93-100; 2008)

"We are collectively...silence or passiveness."

The role of the ballot is to vote for the debater who best methodologically dismantles carceral logic. This requires that we situate ourselves outside the domain of prisons and embrace an abolitionist praxis that enables revolutionary political imagination in educational spaces.

Rodriguez 3 (Dylan Rodriguez, Professor of the Department of Ethnic Studies at UC Riverside, PhD and M.A. degrees in Ethnic Studies from University of California, "The Disorientation of the Teaching Act: Abolition as Pedagogical Position," The Radical Teacher, No. 88; 2010)

"Abolitionist Position and...of pedagogical audacity."

Vote affirmative to embrace critical abolitionist pedagogy, a strategy which defies the limits of possibility and nurtures self-identification through a rupture of educational spaces.

Stanley (Eric A. Stanley, Ph.D. in History of Consciousness, UC Santa Cruz, UC President's Postdoctoral Fellow at UCSD and Nat Smith, “Captive Genders: Trans Embodiment and the Prison Industrial Complex,” AK Press; 2011)

"This stuff is...to wish for."

Prefer this method – critical abolitionist pedagogy foregrounds debate as a site of education and challenges the coercive rhetoric of prison systems.

Scott (Robert Scott, Saint Louis University School of Law, “Using Critical Pedagogy to connect prison education and prison abolitionism,” Saint Louis University School of Law; 2014)

"I have endeavored...of a 'problem.'"

I affirm that plea bargaining ought to be abolished in the United States criminal justice system.

Contention 1: Abolishing plea bargains structurally curbs the prison industrial complex.

Sub-point A: Plea bargains coerce vulnerable defendants into admissions of guilt and criminalize nonviolent crimes – refusal to cooperate with plea bargaining is key to resist mass incarceration.

Weil (Danny Weil, News Analyst, “Widespread Use of Plea Bargains Plays Major Role in Mass Incarceration,” Truthout; Nov. 2012)

"A criminal plea...many others know."

Sub-point B: Abolitionist pedagogy centered on structural overhaul must also concern itself with small-scale pragmatic reforms that account for the material needs of those subject to violence. The distinction between pragmatism and radicalism is false; the aff’s strategy holds them in creative tension to generate a strategic launchpad for the politics of abolition – it strategically hijacks particularist demands while refusing cooption.

Berger (Dan Berger, Assistant Professor at the University of Washington Bothell, “Social Movements and Mass Incarceration: What is To Be Done?”, Souls: A Critical Journal of Black Politics, Culture, and Society, Volume 15, Issue 1-2, pages 3-18; 2013)

"The strategy of...shrinking the carceral."

Contention 2: Abolishing plea bargains moves issues to trial, which gives them visibility and encourages public retaliation against prison systems.

Sub-point A: Trials direct the public’s attention to relevant issues and force a candid discussion over social movements.

Cuklanzpp (Lisa M. Cuklanzpp, “Rape on Trial: How the Mass Media Construct Legal Reform and Social Change,” pp. 33-35)

"Highly publicized trials...in such trials."

Sub-point B: Abolishing plea bargaining clogs the courts and prisons, creating chaos for the justice system and forcing mass changes – this is a stepping stone in the grand trajectory of abolition.

Alexander (Michelle Alexander, author of “The New Jim Crow: Mass Incarceration in the Age of Colorblindness.", “Go to Trial: Crash the Justice System,”; March 2012)

"On the phone...risk our lives."