Champions_JanFeb2018.pdf - Copyright 2017 by Champion...

Info icon This preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: Copyright 2017 by Champion Briefs, LLC All rights reserved. No part of this work may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by an information storage or retrieval system, without the prior written permission of the copyright owner and the publisher. Public Forum, Lincoln-Douglas, Congress Interpretation, Original Oratory, and Extemp Sessions for any schedule! Commuter and Residential options available June 25 - July 8 July 9 - July 21 What is CBI? Join us in 2018 CBI is a two-week speech and debate workshop for high school students. Throughout the session, our amazing instructors guide students through unique seminars, practice rounds, and personalized for an experience you’ll never forget! coaching to improve persuasion, public speaking, July 30 - August 12 argumentation, and performance skills. What is a Champion? At CBI, becoming a Champion is about more than winning trophies. We teach students the leadership and advocacy skills that will be useful for the rest of their lives. While our approach doesn’t focus on trophies, CBI scholars have won National Championships and achieve incredible success at local, regional, and national tournaments. The Evidence Standard Jan/Feb 2018 The Evidence Standard Speech and Debate provides a meaningful and educational experience to all who are involved. We, as educators in the community, believe that it is our responsibility to provide resources that uphold the foundation of the Speech and Debate activity. Champion Briefs, its employees, managers, and associates take an oath to uphold the following Evidence Standard: 1. We will never falsify facts, opinions, dissents, or any other information. 2. We will never knowingly distribute information that has been proven to be inaccurate, even if the source of the information is legitimate. 3. We will actively fight the dissemination of false information and will provide the community with clarity if we learn that a third-party has attempted to commit deception. 4. We will never support or distribute studies, news articles, or other materials that use inaccurate methodologies to reach a conclusion or prove a point. 5. We will provide meaningful clarification to any who question the legitimacy of information distributed by ourselves or by any third-party. 6. We will actively contribute to students’ understanding of the world by using evidence from a multitude of perspectives and schools of thought. 7. We will, within our power, assist the community as a whole in its mission to achieve the goals and vision of this activity. These seven statements, while simple, represent the complex notion of what it means to advance students’ understanding of the world around them, as is the purpose of educators. Champion Briefs 4 Letter from the Editor Jan/Feb 2018 Letter from the Editor Happy New Year! We at Champion Briefs thank you for your continued support. 2018 starts with a topic addressing a critical element of the American Government: The Criminal Justice System. The resolution addresses the concept of plea bargaining and our writers have taken three different approaches in how to answer whether the concept of plea bargaining should continue. First, we looked at plea bargaining through a theoretical lens, seeing if it meets traditional conceptions of justice and our constitution. Then, we looked at how plea bargaining is actually being instituted and asked if it meets those ideals. Finally, we looked at the criminal justice system as a whole to determine if the problems that were identified existed only in the confines of plea bargaining or if they permeated the entirety of the justice system. Just as the first topic of the new year asks us to reevaluate our justice system this is a time for all of us to take a step back and ask how we can be better. If you found success during the first semester focus on where you didn’t succeed. If this past semester didn’t go as you hoped, do not despair because you can turn the year around with hard work and honest evaluation of what you’re good at and what you need to work on. Writer T.S. Elliot put it best saying: “What we call the beginning is often the end. And to make an end is to make a beginning. The end is where we start from.” Let the end of this year be a beginning to a new and better year for all of us. Good luck in the next few months! Daniel Shatzkin Editor-in-Chief Champion Briefs 5 Table of Contents Jan/Feb 2018 Table of Contents The Evidence Standard ............................................................................................... 4 Letter from the Editor ................................................................................................. 5 Table of Contents .......................................................................................................... 6 Topic Analyses ............................................................................................................... 17 Topic Analysis by Sheryl Kaczmarek ......................................................................................... 18 Topic Analysis by Rory Jacobson .............................................................................................. 28 Topic Analysis by Shankar Krishnan ......................................................................................... 38 Topic Analysis by Lindsey McNamara ....................................................................................... 52 Affirmative Cases with Negative Responses .................................................... 64 AFF: Constitutionality AC ....................................................................................................... 65 Determining the threshold of coercion for plea bargaining is difficult. ................................... 66 A study simulating the effects of plea bargaining shows that people are liable to plead guilty even when innocent. ................................................................................................................ 67 The sixth amendment states the necessity of a jury trial in all cases. ..................................... 69 The coercion of plea bargaining is an affront to the constitution. ........................................... 70 Courts have recognized that plea bargaining at least impairs rights. ...................................... 71 Despite rights infringements courts are yet to find plea bargaining unconstitutional. ........... 72 Governments cannot indirectly inhibit rights; if it is not their intention. ................................ 73 Plea bargaining undermines trial by jury rights. ...................................................................... 74 Appellate and bargaining waivers have different constitutional backgrounds. ....................... 75 There are several rights included within the constitution- whatever system in place must comply with these. ................................................................................................................... 76 A/2: Constitutionality AC ................................................................................................ 78 Supreme court has recently validated the constitutionality of plea bargaining. ..................... 77 Fair trials restrictions also regulate plea bargaining. ............................................................... 78 Multiple cases have ruled plea bargaining doesn’t violate 6th or 8th amendment. ............... 79 Guilty plea doesn’t not waive constitutional rights of appeals. ............................................... 80 Pleas are a waiver of constitutional rights not a lack of them. ................................................ 81 Rights in the justice system are not absolute per the Supreme Court. .................................... 82 AFF: Justice AC ................................................................................................................... 83 Champion Briefs 6 Table of Contents Jan/Feb 2018 Plea bargaining stigmatizes citizens that shouldn’t have to bare the badge of criminal. ........ 84 Plea bargaining can be abolished why maintaining concessions thus maintaining justice and autonomy of trial. ..................................................................................................................... 85 Despite the harms of abolishing plea bargaining it must be don’t because plea bargaining risks to innocent. ...................................................................................................................... 86 Even if it is more inefficient to abolish plea bargaining it is currently inefficient to pressure innocent people into guilt. ....................................................................................................... 87 Bargaining is the result of fear of a great punishment and public spectacle. .......................... 88 There is no such thing as a consensual bargain because accused are under duress. .............. 89 Innocent people are at risk of guilty pleas though plea bargaining benefits the justice system. 90 Plea bargaining benefits the prosecutor- it lessens their work load and burden of proof. ..... 91 The criminal justice system stacks up against black individuals- treatment by police, lawyers, judges push black males towards pleas. .................................................................................. 92 The goal of the criminal justice system should be reducing crime. ......................................... 93 Justice is meant to be impartial; the purpose of the justice system is to punish wrong doers. 94 Judicial and prosecutorial jurisdiction trade off- increasing the punitive nature of the criminal justice system. .......................................................................................................................... 95 The end goal of the justice system should be a trial- trials rarely happen because of plea bargaining. ................................................................................................................................ 96 Plea bargaining doesn’t meet the threshold of justice- it’s not due process and procedural justice. ...................................................................................................................................... 97 Plea bargaining upsets the balance of court power - prosecutors gain far too much power. . 98 Courts must balance politics of power with the fairness of justice. ........................................ 99 Lawyers can pressure their clients towards unethical deals- threatens legitimacy of the system. ................................................................................................................................... 100 European torture laws are designed in similar ways to plea bargaining- they use a mask of voluntary consent to participation. ........................................................................................ 101 Tortured confessions and pleas rely on the same base of false ‘factuality’ and ‘lack of coercion’. ................................................................................................................................ 102 A/2: Justice AC .................................................................................................................... 104 Plea bargaining is a contract between the justice system and individual. ............................. 103 Right to trial and right to not have a trial are comparable it is about whether the duty of innocence is on the government or individual. ...................................................................... 104 Abolishing plea bargaining is not the ideal way to improve the criminal justice system- energy should be focused elsewhere. ................................................................................................ 105 Courts weren’t built to be fair they were built to try to be efficient. .................................... 106 Please can be overturned-there are checks and balances. .................................................... 107 Checks and balances exist to help reduce sentences of or withdraw the plea. ..................... 108 Champion Briefs 7 Table of Contents Jan/Feb 2018 AFF: Judicial Legitimacy AC .................................................................................................. 109 Although politicians like Flynn lied to the FBI about Russian collusion in the Trump campaign, the plea deal made merely wants him to wear a wire as opposed to serving time. .............. 110 Plea deals are allowing important politicians to get off scot-free even though they deceived the FBI. ................................................................................................................................... 111 Plea deals are allowing public officials to get away with their crimes. .................................. 112 Although defendants have the right to a fair trial, the system is structured in such a way that it is better for everyone to just plead guilty. .......................................................................... 113 Prosecutors even admit that they coerce the defense to waive their rights and just plead guilty, even if they are innocent. ............................................................................................ 114 Bordenkircher v. Hayes proves the injustices in the criminal justice system with plea bargaining. .............................................................................................................................. 115 Individuals are pressured to accept a plea as opposed to facing the wrath of government and risking trial by jury. ................................................................................................................. 116 Those who do not accept pleas from prosecutors and take their chances in court only find that the prosecution will respond with additional charges out of spite. ............................... 117 Alabama public official receives slap on the wrist plea deal for crimes that would have amounted to 50 years in prison. ............................................................................................ 118 By making this pleading guilty for one misdemeanor, former city official avoids two separate felony charges dealing with the flint water crisis. .................................................................. 121 Plea bargaining forces those who are innocent to plead guilty anyways out of fear. ........... 123 The supreme court gave the seal of approval to plea bargaining under the pretense it would not be used to pressure innocents, but our current reality states otherwise. ...................... 124 Former Governor of Alabama avoids any jail time with plea deal when he would have faced over forty years. ..................................................................................................................... 126 Currently, prosecutors have too much power in the criminal justice system. ....................... 129 Plea bargaining is coercive- multiple warrants. ..................................................................... 130 Not only is there a clear coercive process to plea bargaining, but an extreme abuse of power from the prosecutor. .............................................................................................................. 132 The coercion embedded in plea bargaining only exacerbates as time goes on. .................... 133 Meta-analysis proves that there are lay perceptions of coercion in plea bargaining processes. 135 Perceptions of coercion delegitimize the criminal justice system. ........................................ 136 Judges use coercion via pleas to speed up the process- which led to death of 19-year-old boy. 137 A rejected plea should have no impact on a further trial- but in the status quo, it does. ..... 138 Duncan vs Louisiana proves the arbitrariness of court sentencing and plea bargains. .......... 140 Prosecutors are virtually in charge of the sentencing when it comes to plea bargaining. ..... 142 Proceedings in our criminal justice system are often one sided and subject to no oversight. 143 Plea bargaining causes defendants who are innocent to plead guilty. .................................. 144 More transparency is necessary in criminal justice system to prevent innocent defendants pleading guilty out of fear. ..................................................................................................... 145 Champion Briefs 8 Table of Contents Jan/Feb 2018 A/2: Judicial Legitimacy AC .................................................................................................. 147 Prosecution doesn’t punish those who don’t accept plea deals, merely punish those who violate the law. ....................................................................................................................... 146 Trump’s “Fake News” propaganda might now be disproven with public official’s plea deal. 147 Plea bargaining is not the issue, coercion is. .......................................................................... 149 AFF: Kant AC ........................................................................................................................ 150 Private rights are impossible without a “unified and lawgiving will”. .................................... 151 Governmental institutions are necessary to solve rights violations. ..................................... 152 The solution to problems of enforcement of rights is through the omnilateral will. ............. 153 Public authority provides assurances that private persons cannot. ...................................... 154 Law provides objective standard for enforcement of rights. ................................................. 155 Public officials are precluded from utilizing their states for private purposes. ...................... 156 Kant’s version of social contract stems from legitimacy of the public institution to provide a rightful condition subject to law. ........................................................................................... 158 Laws that govern must be subject to universality. ................................................................. 159 Individuals rights constrain public power. ............................................................................. 160 Individuals cannot be sacrificed for another’s purpose. ........................................................ 162 The justification for punishment does not stem from consequences, but from a rightful condition. ............................................................................................................................... 163 Criminals must be subject to punishment. ............................................................................. 164 Enforcement of punishment upholds violated rights. ............................................................ 165 Enforcement of punishment is necessary to not exclude criminal from law. ........................ 166 Plea bargaining renders “wild lawless freedom” and shows the laws guidance of conduct to be ineffective. ......................................................................................................................... 168 Punishment renders the laws effectiveness, without punishment strong enough to deter harmful action, we will have no assurance out rights are protected. .................................... 169 AFF: Prison Industrial Complex AC ....................................................................................... 171 Plea bargaining, and crony capitalism are inextricably linked. .............................................. 172 Plea bargains fuel private prisons. ..........................................
View Full Document

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern