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31 Oakwood WA Aff


https://hsld.debatecoaches.org/Oakwood/Alpert+Aff

Aff Also Race


Reducing material oppression is the only way to account for dominant ideologies that skew our normative thought processes.

Mills 5 Charles W. Mills (John Evans Professor of Moral and Intellectual Philosophy) ““Ideal Theory” as Ideology” Hypatia vol. 20, no. 3 (Summer 2005) JW



Now what distinguishes ideal theory is not merely the use of ideals, since obviously nonideal theory can and will use ideals also (certainly it will appeal to the moral ideals, if it may be more dubious about the value of invoking idealized human capacities). What distinguishes ideal theory is the reliance on idealization to the exclusion, or at least marginalization, of the actual. As O’Neill emphasizes, this is not a necessary corollary of the operation of abstraction itself, since one can have abstractions of the ideal-as-descriptive-model type that abstract without idealizing. But ideal theory either tacitly represents the actual as a simple deviation from the ideal, not worth theorizing in its own right, or claims that starting from the ideal is at least the best way of realizing it. Ideal theory as an approach will then utilize as its basic apparatus some or all of the following concepts and assumptions (there is necessarily a certain overlap in the list, since they all intersect with one another): An idealized social ontology. Moral theory deals with the normative, but it cannot avoid some characterization of the human beings who make up the society, and whose interactions with one another are its subject. So some overt or tacit social ontology has to be presupposed. An idealized social ontology of the modern type (as against, say, a Platonic or Aristotelian type) will typically assume the abstract and undifferentiated equal atomic individuals of classical liberalism. Thus it will abstract away from relations of structural domination, exploitation, coercion, and oppression, which in reality, of course, will profoundly shape the ontology of those same individuals, locating them in superior and inferior positions in social hierarchies of various kinds. • Idealized capacities. The human agents as visualized in the theory will also often have completely unrealistic capacities attributed to them—unrealistic even for the privileged minority, let alone those subordinated in different ways, who would not have had an equal opportunity for their natural capacities to develop, and who would in fact typically be disabled in crucial respects. • Silence on oppression. Almost by defi nition, it follows from the focus of ideal theory that little or nothing will be said on actual historic oppression and its legacy in the present, or current ongoing oppression, though these may be gestured at in a vague or promissory way (as something to be dealt with later). Correspondingly, the ways in which systematic oppression is likely to shape the basic social institutions (as well as the humans in those institutions) will not be part of the theory’s concern, and this will manifest itself in the absence of ideal-as-descriptive-model concepts that would provide the necessary macroand micro-mapping of that oppression, and that are requisite for understanding its reproductive dynamic. • Ideal social institutions. Fundamental social institutions such as the family, the economic structure, the legal system, will therefore be conceptualized in ideal-as-idealized-model terms, with little or no sense of how their actual workings may systematically disadvantage women, the poor, and racial minorities. • An idealized cognitive sphere. Separate from, and in addition to, the idealization of human capacities, what could be termed an idealized cognitive sphere will also be presupposed. In other words, as a corollary of the general ignoring of oppression, the consequences of oppression for f the social cognition of these agents, both the advantaged and the disadvantaged, will typically not be recognized, let alone theorized. A general social transparency will be presumed, with cognitive obstacles minimized as limited to biases of self-interest or the intrinsic difficulties of understanding the world, and little or no attention paid to the distinctive role of hegemonic ideologies and group-specifi c experience in distorting our perceptions and conceptions of the social order.

Thus the standard is minimzing oppression.

Plan Text

Resolved: Plea bargaining ought to be abolished in the United States criminal justice system. I will clarify/spec in cross ex if necessary.

Plea bargains constitute legal extortion on the part of the judge and prosecutor. 90 of criminal charges are plead out; destroying the effectiveness of the CJS by denying individuals right to trial. An abolition of the use of plea bargains will reduce the body count of mass incarceration and ameliorate harm caused by the CJS.

Weil 2012 Widespread Use of Plea Bargains Plays Major Role in Mass Incarceration: Wednesday, November 07, 2012 Danny Weil, Truthout | News Analysis Danny Weil is a writer for Project Censored and Daily Censored. He received the Project Censored "Most Censored" News Stories of 2009-10 award for his article: "Neoliberalism, Charter Schools and the Chicago Model / Obama and Duncan's Education Policy: Like Bush's, Only Worse," published by Counterpunch, August 24, 2009. Dr. Weil has published more than seven books on education in the past 20 years. http://www.truth-out.org/news/item/12556-overwhelming-use-of-plea-bargains-plays-major-role-in-mass-incarceration

As long as plea bargains are used as a club to coerce defendants into abdicating their right of the constitutional guarantee to a fair trial, the prison-industrial complex will continue to grow exponentially. Plea bargains are one big woodpile that serves to fuel the ever-expanding prison-industrial complex, rendering transparent the American political resolve to incarcerate more and more people even if it means bankrupting their municipalities, cutting education and devoting their budgets to subsidizing the for-profit prison industry. If this resolve represents the mens rea (criminal intent) of the political will for mass incarceration, then plea bargaining can be said to represent the actus reus, the physical act of carrying out the industrial carceral state. If plea bargains were eliminated, or even severely monitored and reduced, the states and the federal government would then be required to carry out their burden under the constitution of proving the guilt of a criminal defendant in accordance with the law. If this happened, there would be a whopping reduction in prosecutions, not to mention incarcerations. Such a shift would be an important step in ending the current carceral culture of mass confinement and cruelty.

Reduced trial costs and perception of the CJS garnered through plea’s fuels mass incarceration and creates a self-replicating norm of racial inequality surrounding the institution of plea bargains 3 reasons.

Savitsky 2009 Douglas Savitsky August 2009 THE PROBLEM WITH PLEA BARGAINING: DIFFERENTIAL SUBJECTIVE DECISION MAKING AS AN ENGINE OF RACIAL DISPARITY IN THE UNITED STATES PRISON SYSTEM Douglas Savitsky, Ph.D., J.D.

Cornell University 2009



Plea bargains account for more than 90 percent of guilty verdicts (Friedman 1993). Their use lowers the transaction cost of criminal prosecutions, facilitating the growing prison population, which has grown to over 2.3 million people (Warren 2008). The literature on plea bargaining is vast. However, it has largely centered on either the debate of whether plea bargaining is proper in an ethical sense, or on exploring models of the plea bargaining interaction, modeling how individual bargains are made. Left out of this literature is an analysis of how the micro level interactions involved in plea bargains aggregate into a macro level social phenomenon. This project seeks both to fill in this gap as well as to refine the interactional level plea bargaining model. It explorers how and when a plea bargain is reached, how plea bargains aggregate into a macro level social phenomenon, and how this phenomenon feeds back to influence the interactional level bargain. The hypothesis of this project is that plea bargaining contributes to the racial inequality found in the American prison population by disproportionately impacting African American defendants. Plea bargaining lowers the transaction cost of criminal prosecutions which combines with political policies favoring large scale incarceration to drive up the prison population. It does this by indirectly pitting defendants against each other in what is in essence a multiplayer Prisoner’s Dilemma that induces defendants to take worse bargains than they otherwise might. Moreover, the decrease in transaction costs is generally larger for cases against poor defendants which correlates to a decrease in transaction costs for prosecuting Black defendants. Since prosecutors and the police are interested in maximizing successful prosecutions and minimizing costs, they are thus encouraged to prosecute a disproportionate number of Black defendants. Additionally, this project hypothesizes that in the plea bargaining process, a defendant negotiates based upon his subjective views of the criminal justice system and his expectation of conviction. He bases these subjective views both on objective reality as well as on social, cultural, and economic factors. This subjective analysis leads African American defendants to bargain with a more pessimistic estimate of how they will fare as compared to white defendants, resulting in overall worse, from the defendant’s perspective, bargains. Thus, the combination of the prosecutor’s effort to conserve resources and the defendant’s evaluation of his own risk aggregate into a system that produces racially biased prison populations. Finally, not only has the imprisonment of Black men created a norm of acceptance in some Black communities of prison being a way of life (Western 2006), but the norm of plea bargaining as the accepted method of case disposition has emerged as an institution. These norms help perpetuate, and even increase, the very social factors that facilitated the disparate bargains in the first place.

Differential racial treatment conducive to pleas destroys effectiveness of the CJS. Perception affects whether pleas are taken which means as long as the CJS is perceived as screwing over blacks and plea bargains exist, than blacks will take worse plea’s due to pessimism towards the effectiveness of the trial process, the aff is key.



Roque 2011 Racial Disparities in the Criminal Justice System and Perceptions of Legitimacy A Theoretical Linkage: July 2011 DOI: 10.1177/2153368711409758 https://www.researchgate.net/publication/257942623_Racial_Disparities_in_the_Criminal_Justice_System_and_Perceptions_of_Legitimacy_A_Theoretical_Linkage

An interesting line of research has found that differences in perceptions of legitimacy may be tied to individual factors. For example, certain people with particular personality traits may be more likely to attribute events unfairly or to have an external locus of control (Agnew, 2006). Piquero, Gomez Smith, and Langton (2004) suggested that individuals who are impulsive or have low self-control (see Gottfredson and Hirschi, 1990) may be more likely to perceive the actions of others more negatively (see also Slocum, 2010). With respect to sanctions, they argued that those low in self-control were more likely to think of punishments as unfair and that this perception would lead to anger. Their data largely supported these claims. It remains to be seen, however, whether individual level factors such as self-control can help explain racial differences in reactions to sanctions or perceptions of criminal justice authorities. Research has found that perceptions of legitimacy tend to vary by minority group. Specifically, while some work has indicated that Hispanics see the CJS as less legitimate than Whites (e.g., Hagan et al., 2005; Weitzer and Tuch, 2004b), less work has focused on other minority groups (e.g., Asians and Pacific Islanders). Future work should examine to what extent the basic model postulated in this article holds across minorities. It is important for future research to examine the determinants of legitimacy toward the law. While data show that a large proportion of minorities have negative perceptions of the police and courts, clearly not all share the same view. What factors influence views of legitimacy in general and for minorities in particular? In addition, more research is needed to explore the factors that mediate (or moderate) the relationship between perceptions of legitimacy and crime and contact with the CJS. Unnever and Gabbidon (2011) have offered a useful theory in which racial socialization allows individuals to reinterpret discrimination in ways that do not lead to offending. Future research should also further explore the ways in which policies can positively influence legitimacy. A large body of literature in corrections has demonstrated that the way in which sanctions are implemented can affect legitimacy (see Frank et al., 2010; Tyler, 2010). Certain criminological theories (e.g., Braithwaite, 1989; Sherman, 1993) are premised on the notion that how sanctions are applied matters with respect to how offenders react to the sanction. To the extent that sanctions can influence later behavior, legitimacy may be an important consideration. With respect to the factors that influence legitimacy, Cole (1999) argues that differential treatment (real or perceived) affects minorities’ views of the CJS. Addressing differential treatment as well as the perception of differential treatment within particular communities may go a long way toward reducing racial disparities in legitimacy toward the law and ultimately racial disparities in criminal justice contact.

Impacts


1) Incarceration is vicious form of structural violence.

McLeod 15 Allegra (Associate Professor of Law at Georgetown) “Prison Abolition and Grounded Justice” UCLA Law Review 1156 (2015) http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=2502andcontext=facpub JW

Prisons are places of intense brutality, violence, and dehumanization.70 In his seminal study of the New Jersey State Prison, The Society of Captives, sociologist Gresham M. Sykes carefully exposed how the fundamental structure of the modern U.S. prison degrades the inmate’s basic humanity and sense of selfworth. 71 Caged or confined and stripped of his freedom, the prisoner is forced to submit to an existence without the ability to exercise the basic capacities that define personhood in a liberal society.72 The inmate’s movement is tightly controlled, sometimes by chains and shackles, and always by orders backed with the threat of force;73 his body is subject to invasive cavity searches on command;74 he is denied nearly all personal possessions; his routines of eating, sleeping, and bodily maintenance are minutely managed; he may communicate and interact with others only on limited terms strictly dictated by his jailers; and he is reduced to an identifying number, deprived of all that constitutes his individuality.75 Sykes’s account of “the pains of imprisonment”76 attends not only to the dehumanizing effects of this basic structure of imprisonment—which remains relatively unchanged from the New Jersey penitentiary of 1958 to the U.S. jails and prisons that abound today77—but also to its violent effects on the personhood of the prisoner: However painful these frustrations or deprivations may be in the immediate terms of thwarted goals, discomfort, boredom, and loneliness, they carry a more profound hurt as a set of threats or attacks which are directed against the very foundations of the prisoner’s being. The individual’s picture of himself as a person of value . . . begins to waver and grow dim.78 In addition to routines of minute bodily control, thousands of persons are increasingly subject to long-term and near-complete isolation in prison. The Bureau of Justice Statistics has estimated that 80,000 persons are caged in solitary confinement in the United States, many enduring isolation for years.79

2) mass incarceration ensures rampant sexual abuse.

McLeod 2 Allegra (Associate Professor of Law at Georgetown) “Prison Abolition and Grounded Justice” UCLA Law Review 1156 (2015) http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=2502andcontext=facpub JW

In addition to the dehumanization entailed by the regular and pervasive role of solitary confinement in U.S. jails, prisons, and other detention centers, the environment of prison itself is productive of further violence as prisoners seek to dominate and control each other to improve their relative social position through assault, sexual abuse, and rape. This feature of rampant violence, presaged by Sykes’s account, arises from the basic structure of prison society, from the fact that the threat of physical force imposed by prison guards cannot adequately ensure order in an environment in which persons are confined against their will, held captive, and feared by their custodians.98 Consequently, order is produced through an implicitly sanctioned regime of struggle and control between prisoners.99 Rape, in particular, is rampant in U.S. jails and prisons.100 According to a conservative estimate by the U.S. Department of Justice, 13 percent of prison inmates have been sexually assaulted in prison, with many suffering repeated sexual assaults.101 While noting that “the prevalence of sexual abuse in America’s inmate confinement facilities is a problem of substantial magnitude,” the Department of Justice acknowledged that “in all likelihood the institution-reported data significantly undercounts the number of actual sexual abuse victims in prison, due to the phenomenon of underreporting.”102 Although the Department had previously recorded 935 instances of confirmed sexual abuse for 2008, further analysis produced a figure of 216,000 victims that year (victims, not incidents).103 These figures suggest an endemic problem of sexual violence in U.S. prisons and jails produced by the structure of carceral confinement and the dynamics that inhere in prison settings.

3) Prisons cause mass suffering for differently abled people.

Arkles 13 Gabriel Arkles. GUN CONTROL, MENTAL ILLNESS, AND BLACK TRANS AND LESBIAN SURVIVAL. (Associate Academic Specialist at Northeastern University School of Law). Southwestern Law Review. Vol. 42. www.swlaw.edu/pdfs/lr/42_4_arkles.pdf (2013). NP 1/4/16.

The violence of incarceration can produce mental illness through a number of means. The relationship of incarceration to mental illness and other forms of disability is complex, as Beth Ribet explains.170 Ableism can make disabled people, including mentally ill people, more likely to be incarcerated and more likely to be targeted for violence such as prison rape once incarcerated.171 At the same time, disability, including mental illness, can be a consequence of getting raped in prison.172 Trans people of color and queer women of color are particularly vulnerable to prison rape. The rates of sexual assault for trans women in men’s prisons is thirteen times higher than the overall rates of sexual assault in men’s prisons.173 Rates of sexual assault are substantially higher in women’s prisons—where most trans men and cisgender queer women are incarcerated—than in men’s prisons.174 People of color are not only disproportionately incarcerated as compared to white people, but also may be targeted for sexual assault while in prison on the basis of their race.175 post-traumatic stress disorder is only one of the psychiatric conditions that can result or intensify from rape. The continuation of the conditions that caused the problem in the first place and the lack of quality, consensual mental health care in carceral settings severely impedes recovery.176 Trans and queer people of color are also highly likely to be placed in isolation in carceral settings, with potentially catastrophic mental health consequences.177 One trans woman who had been beaten by a guard wrote to the Office of Mental Health: “I’m having a nurvous breakdown, because my facial hair is growing, and I was deprived a shower and razor, all cause a officer smashes a woman’s my face into a wall.”178

5) The prison industrial complex reinforces militarism, the violence of mass incarceration is constantly replicated into militarism.

Sudbury 2004, Julia. (JULIA SUDBURY (e-mail: jsudbury@mills.edu) is a Canada Research Council Chair in Social Justice, Equity and Diversity in social work at the University of Toronto. She is the author of Other Kinds of Dreams: Black Womenʼs Organisations and the Politics of Transformation (Routledge, 1998) and editor of Global Lockdown: Race, Gender and the Prison-Industrial Complex (Routledge, forthcoming). She is a founding member of Critical Resistance, a U.S.-based organization that seeks to abolish prisons, a board member of Incite! Women of Color Against Violence, and a member of the Social Justice Editorial Board.) A World Without Prisons: Resisting Militarism, Globalized Punishment, and Empire1. www.antoniocasella.eu/nume/Sudbury_2004.pdf Social Justice Vol. 31, Nos. 1-2 (2004).

Finally, due to its roots in Eisenhowerʼs military-industrial complex, the concept provides a framework within which to identify connections between military aggression and mass incarceration. Arguing that “we are witnessing the consolidation of a powerful military-security-prison-industrial complex that is driving an agenda of policing and aggression at home and abroad,” activists in A World Without Prisons 17 Arizona have highlighted the connections between militarism and prisons, from the use of prison sentences to undermine peace activism to the deployment of technology and weaponry developed by the arms industry inside prisons (Arizona Prison Moratorium Coalition, 2003). Angela Davis suggests further that the two systems share important structural features, producing vast profits out of immense social destruction and transforming public funds into private profits (Davis and Shaylor, 2001: 3). An analysis of the connections between militarism and prisons is critical if we are to build an effective anti-imperialist movement to oppose U.S. military aggression and occupation. At the same time, for the prison abolitionist movement to maintain its momentum at a time of brutal and unjust wars, we must develop an integrated analysis of war, imperialism, and mass incarceration. In the following section, I consider Iraq as a case study of the synergy between the military and prison-industrial complex.

The role of the ballot is to evaluate the simulated consequences of the aff policy.

The aff uses state as heuristic which doesn’t affirm its legitimacy but allows enhanced governmental resistance.

Zanotti 14 Dr. Laura Zanotti (Associate Professor of Political Science at Virginia Tech) “Governmentality, Ontology, Methodology: Re-thinking Political Agency in the Global World” – Alternatives: Global, Local, Political – vol 38(4):p. 288-304,. A little unclear if this is late 2013 or early 2014 – The Stated “Version of Record” is Feb 20, 2014, but was originally published online on December 30th, 2013. Obtained via Sage Database

By questioning substantialist representations of power and subjects, inquiries on the possibilities of political agency are reframed in a way that focuses on power and subjects’ relational character and the contingent processes of their (trans)formation in the context of agonic relations. Options for resistance to governmental scripts are not limited to ‘‘rejection,’’ ‘‘revolution,’’ or ‘‘dispossession’’ to regain a pristine ‘‘freedom from all constraints’’ or an immanent ideal social order. It is found instead in multifarious and contingent struggles that are constituted within the scripts of governmental rationalities and at the same time exceed and transform them. This approach questions oversimplifications of the complexities of liberal political rationalities and of their interactions with non-liberal political players and nurtures a radical skepticism about identifying universally good or bad actors or abstract solutions to political problems. International power interacts in complex ways with diverse political spaces and within these spaces it is appropriated, hybridized, redescribed, hijacked, and tinkered with. Governmentality as a heuristic focuses on performing complex diagnostics of events. It invites historically situated explorations and careful differentiations rather than overarching demonizations of ‘‘power,’’ romanticizations of the ‘‘rebel’’ or the ‘‘the local.’’ More broadly, theoretical formulations that conceive the subject in non-substantialist terms and focus on processes of subjectification, on the ambiguity of power discourses, and on hybridization as the terrain for political transformation, open ways for reconsidering political agency beyond the dichotomy of oppression/rebellion. These alternative formulations also foster an ethics of political engagement, to be continuously taken up through plural and uncertain practices, that demand continuous attention to ‘‘what happens’’ instead of fixations on ‘‘what ought to be.’’83 Such ethics of engagement would not await the revolution to come or hope for a pristine ‘‘freedom’’ to be regained. Instead, it would constantly attempt to twist the working of power by playing with whatever cards are available and would require intense processes of reflexivity on the consequences of political choices. To conclude with a famous phrase by Michel Foucault ‘‘my point is not that everything is bad, but that everything is dangerous, which is not exactly the same as bad. If everything is dangerous, then we always have something to do. So my position leads not to apathy but to hyper- and pessimistic activism.’’84

Oppression is created by social systems thus only a focus on material conditions can solve.

Johnson no date Allan Johnson (PhD in sociology, he joined the sociology department at Wesleyan University) http://www.cabrillo.edu/~lroberts/AlanJohnsonWhatCanWeDO001.pdf JW

Privilege is a feature of social systems, not individuals. People have or don't have privilege depending on the system they're in and the social categories other people put them in. To say, then, that I have race privilege says less about me personally than it does about the society we all live in and how it is organized to assign privilege on the basis of a socially defined set of racial categories that change historically and often overlap. The challenge facing me as an individual has more to do with how I participate in society as a recipient of race privilege and how those choices oppose or support the system itself. In dealing with the problem of privilege, we have to get used to being surrounded by paradox. Very often those who have privilege don't know it, for example, which is a key aspect of privilege. Also paradoxical is the fact that privilege doesn't necessarily lead to a "good life," which can prompt people in privileged groups to deny resentfully that they even have it. But privilege doesn't equate with being happy. It involves having what others don't have and the struggle to hang on to it at their expense, neither of which is a recipe for joy, personal fulfillment, or spiritual contentment.... To be an effective part of the solution, we have to realize that privilege and oppression are not a thing of the past. It's happening right now. It isn't just a collection of wounds inflicted long ago that now need to be healed. The wounding goes on as I write these words and as you read them, and unless people work to change the system that promotes it, personal healing by itself cannot be the answer. Healing wounds is no more a solution to the oppression that causes the wounding than military hospitals are a solution to war. Healing is a necessary process, but it isn't enough.... Since privilege is rooted primarily in systems—such as families, schools, and workplaces—change isn't simply a matter of changing people. People, of course, will have to change in order for systems to change, but the most important point is that changing people isn't enough. The solution also has to include entire systems, such as capitalism, whose paths of least resistance shape how we feel, think, and behave as individuals, how we see ourselves and one another.

Aff Race (c&p)


Framework

Inequality creates flawed epistemic conclusions, making normative decision making impossible.

Medina 11 Medina, J. (2011). Toward a Foucaultian Epistemology of Resistance: Counter-Memory, Epistemic Friction, and Guerrilla Pluralism. Foucault Studies, 1(12), 9–35

Foucault invites us …open to contestation.

Adopting the perspective of the oppressed is the only way to account for dominant ideologies that skew our thought processes.

Mills 5 Charles W. Mills (John Evans Professor of Moral and Intellectual Philosophy) ““Ideal Theory” as Ideology” Hypatia vol. 20, no. 3 (Summer 2005) JW

Now what distinguishes …the social order.

Thus the standard is: Minimzing oppression or structural violence

Impact Calc

A) Oppression is created by social systems thus only a focus on material conditions can solve.

Johnson no date Allan Johnson (PhD in sociology, he joined the sociology department at Wesleyan University) http://www.cabrillo.edu/~lroberts/AlanJohnsonWhatCanWeDO001.pdf JW

Privilege is a …,and one another.

B) Material equality determines our view of individuals – comes before claims about history and epistemology,

Okereke ’07, Chukwumerije Okereke, Senior Research Associate at the Tyndall Centre for Climate Change Research at the University of East Anglia, "Global Justice and Neoliberal Environmental Governance", Routledge, 2007

Notwithstanding these drawbacks, … a better life. (WCED 1987: 43).

Independent reason to prefer the standard

Trust your basic intuition that oppression is wrong. An assumption otherwise makes debate unsafe.

Teehan 14 Ryan Teehan (qualified to 2014 TOC) Comment on “2014 Tournament of Champions Student Protest” NSD Update April 26th 2014 http://nsdupdate.com/2014/04/26/nsd-update-coverage-toc-2014/

Honestly, I don't …has actual repercussions.

ADVOCACY: I contend that Resolved: Plea bargaining ought to be abolished in the United States criminal justice system. I defend the resolution as a general principle. Will clarify/spec in cross ex if necessary.

Solvency

Plea bargains constitute legal extortion on the part of the judge and prosecutor. 90 of criminal charges are plead out; destroying the effectiveness of the CJS by denying individuals right to trial. An abolition of the use of plea bargains will reduce the body count of mass incarceration and ameliorate harm caused by the CJS.

Weil 2012 Widespread Use of Plea Bargains Plays Major Role in Mass Incarceration: Wednesday, November 07, 2012 Danny Weil, Truthout | News Analysis Danny Weil is a writer for Project Censored and Daily Censored. He received the Project Censored "Most Censored" News Stories of 2009-10 award for his article: "Neoliberalism, Charter Schools and the Chicago Model / Obama and Duncan's Education Policy: Like Bush's, Only Worse," published by Counterpunch, August 24, 2009. Dr. Weil has published more than seven books on education in the past 20 years. http://www.truth-out.org/news/item/12556-overwhelming-use-of-plea-bargains-plays-major-role-in-mass-incarceration

As long as ..confinement and cruelty.

Reduced trial costs and perception of the CJS garnered through plea’s fuels mass incarceration and creates a self-replicating norm of racial inequality surrounding the institution of plea bargains 3 reasons.

Savitsky 2009 Douglas Savitsky August 2009 THE PROBLEM WITH PLEA BARGAINING: DIFFERENTIAL SUBJECTIVE DECISION MAKING AS AN ENGINE OF RACIAL DISPARITY IN THE UNITED STATES PRISON SYSTEM Douglas Savitsky, Ph.D., J.D.

Cornell University 2009

Plea bargains account …in the first place.

Differential racial treatment conducive to pleas destroys effectiveness of the CJS. Perception affects whether pleas are taken which means as long as the CJS is perceived as screwing over blacks and plea bargains exist, than blacks will take worse plea’s due to pessimism towards the effectiveness of the trial process, the aff is key.

Roque 2011 Racial Disparities in the Criminal Justice System and Perceptions of Legitimacy A Theoretical Linkage: July 2011 DOI: 10.1177/2153368711409758 https://www.researchgate.net/publication/257942623_Racial_Disparities_in_the_Criminal_Justice_System_and_Perceptions_of_Legitimacy_A_Theoretical_Linkage

An interesting line …criminal justice contact.

Impacts


1) Incarceration is vicious form of structural violence which strips individuals of their humanity.

McLeod 15 Allegra (Associate Professor of Law at Georgetown) “Prison Abolition and Grounded Justice” UCLA Law Review 1156 (2015) http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=2502andcontext=facpub JW

Prisons are places …isolation for years.79

2) mass incarceration ensures rampant sexual abuse.

McLeod 2 Allegra (Associate Professor of Law at Georgetown) “Prison Abolition and Grounded Justice” UCLA Law Review 1156 (2015) http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=2502andcontext=facpub JW

In addition to …in prison settings.

3) Prisons cause mass suffering for differently abled people.

Arkles 13 Gabriel Arkles. GUN CONTROL, MENTAL ILLNESS, AND BLACK TRANS AND LESBIAN SURVIVAL. (Associate Academic Specialist at Northeastern University School of Law). Southwestern Law Review. Vol. 42. www.swlaw.edu/pdfs/lr/42_4_arkles.pdf (2013). NP 1/4/16.

The violence of …into a wall.”178

4A) The prison industrial complex reinforces militarism, the violence of mass incarceration is constantly replicated into militarism.

Sudbury 2004, Julia. (JULIA SUDBURY (e-mail: jsudbury@mills.edu) is a Canada Research Council Chair in Social Justice, Equity and Diversity in social work at the University of Toronto. She is the author of Other Kinds of Dreams: Black Womenʼs Organisations and the Politics of Transformation (Routledge, 1998) and editor of Global Lockdown: Race, Gender and the Prison-Industrial Complex (Routledge, forthcoming). She is a founding member of Critical Resistance, a U.S.-based organization that seeks to abolish prisons, a board member of Incite! Women of Color Against Violence, and a member of the Social Justice Editorial Board.) A World Without Prisons: Resisting Militarism, Globalized Punishment, and Empire1. www.antoniocasella.eu/nume/Sudbury_2004.pdf Social Justice Vol. 31, Nos. 1-2 (2004).

Finally, due to …prison-industrial complex.

B) The logic of the prison furthers US military aggression.

Sudbury 2, Julia. (JULIA SUDBURY (e-mail: jsudbury@mills.edu) is a Canada Research Council Chair in Social Justice, Equity and Diversity in social work at the University of Toronto. She is the author of Other Kinds of Dreams: Black Womenʼs Organisations and the Politics of Transformation (Routledge, 1998) and editor of Global Lockdown: Race, Gender and the Prison-Industrial Complex (Routledge, forthcoming). She is a founding member of Critical Resistance, a U.S.-based organization that seeks to abolish prisons, a board member of Incite! Women of Color Against Violence, and a member of the Social Justice Editorial Board.) A World Without Prisons: Resisting Militarism, Globalized Punishment, and Empire1. www.antoniocasella.eu/nume/Sudbury_2004.pdf Social Justice Vol. 31, Nos. 1-2 (2004).

The failure to …and empire building.

C) The PIC uses violence to maintain social control in other countries.

Rodriguez 7 Dylan Rodriguez, University of California, Riverside .AMERICAN GLOBALITY AND THE U. S. PRISON REGIME: STATE VIOLENCE AND WHITE SUPREMACY FROM ABU GHRAIB TO STOCKTON TO BAGONG DIWA. Kritika Kultura, Issue 9, November 2007 49

Further, in offering …global white supremacy.

END OF AC


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