Tournament: Alta | Round: 1 | Opponent: idk | Judge: idk
I negate and value Justice.
Society is meant to structure cooperation in ways that guide people to treat others fairly. Although some people would probably act in reasonable ways even without a legal system, laws are procedurally necessary for the existence of the state. Bradley
Gerard V. Bradley 2003. RETRIBUTION: THE CENTRAL AIM OF PUNISHMENT Harvard Journal of Law and Public Policy; Fall 2003; 27, 1; ProQuest Research Library. DT.
In the absence ... treat others fairly.
Any political system must therefore require individuals to accept restrictions on liberty. It follows that crimes are wrong because the criminal acts unfairly towards society as a whole. Bradley 2
Gerard V. Bradley 2003. RETRIBUTION: THE CENTRAL AIM OF PUNISHMENT Harvard Journal of Law and Public Policy; Fall 2003; 27, 1; ProQuest Research Library. DT.
An important conclusion ... pattern of restraint.
Thus, the standard is ensuring fair procedures.
Also, fair procedures promote a functioning criminal justice system, which is critical given the state’s obligation to structure cooperation in a non-arbitrary manner. Meares:
Tracey Meares Professor at Yale Law School and Director of the Center for Studies in Criminal Justice, The University of Chicago Law School; Senior Research Fellow, American Bar Foundation, “Everything Old is New Again: Fundamental Fairness and the Legitimacy of Criminal Justice,” Ohio State Journal of Criminal Law, Vol 3:105 (2005). CC
Fair process norms ... with the law.12
I contend that attorney client privilege should be maintained because effective legal representation for the defense is more important than a victory for the prosecution.
First, attorney-client privilege is necessary for effective representation. Weigold:
Ursula H. Weigold, Associate Professor of Law, University of St. Thomas School of Law, "The Attorney-Client Privilege as an Obstacle to the Professional and Ethical Development of Law Students", Pepperdine Law Review, Volume 33, Issue 3.
The promise of ... from the privilege.' 64
Effective legal representation is key to fair procedures since clients by themselves have a lack of knowledge about the legal system, whereas agents like the state have an automatic advantage. Alschuler:
Alschuler, Albert W. Professor Emeritus of Law and Criminology Northwestern University Law, University of Texas, University of Colorado, UPenn"Preservation of a Client's Confidences: One Value among Many or a Categorical Imperative, The." U. Colo. L. rev. 52 (1980): 349. CC
Judge Frankel seems ... the clients themselves.
Second, forcing lawyers to act as truth-seeking agents unfairly deceives defendants. . Alschuler 2:
Alschuler, Albert W. Professor Emeritus of Law and Criminology Northwestern University Law, University of Texas, University of Colorado, UPenn"Preservation of a Client's Confidences: One Value among Many or a Categorical Imperative, The." U. Colo. L. rev. 52 (1980): 349. CC
Of course one information-gathering agent.