Tournament: Meadows | Round: 2 | Opponent: | Judge:
NC #1
The standard is Maximizing Gender Equality.
Helliwell, Christine professor at Macquarie University. “Autonomy as Natural Equality: Inequality in Egalitarian Societies.” The Journal of the Royal Anthropological Institute. 1995. “Among the many…of any other”
The idea that in every case, including self-defense cases, there is a concrete truth that can be evaluated leads to inappropriate legal measures being taken against battered women.
Venesy 1, Barbara attorney in Akron, Ohio. “State v. Stewart: Self-Defense and Battered Women: Reasonable Perception of Danger or License to Kill.” Akron Law Review. 1989. “Wife bashing may…to wife beating”
Wife beating is a significant issue, but the criminal justice system is not sympathetic to it.
Venesy 2. “Although the law…rarely press charges”
Police often refuse to respond to domestic violence calls.
Venesy 3. “Abandoned by the…charge of murder”
Women are forced to act in self-defense due to a lack of response by the police, but there are ineffective legal defenses for women who act in self-defense.
Venesy 4. “Peggy Stewart endured…as he slept”
Venesy 5. “The Hundley court…with the killing”
The criminal justice system is not sympathetic to women who commit self-defense to protect themselves. While the truth may be that Peggy Stewart committed murder, valuing that truth victimizes the abuser and perpetuates abuse.
Domestic abuse leads to the creation of a patriarchal society.
Venesy 6. “The battered woman…of apparent calm”
Abusive relationships engender fear and desperation, as there is no possibility of escaping.
Nieves Rico sudirector of the social development division of the Economic Commission for Latin America. “Gender-Based Violence: A Human Rights Issue.” Economic Commision for Latin America and the Carribean. 1997. “Gender-based…being a woman”
Gender-based violence subordinates and devalues women using aggression and coercion in order to promote patriarchy.
Johnson, Michael Emeritus Professor of Sociology, Women’s Studies, and African American Studies at Penn State. “Patriarchal Terrorism and Common Couple Violence: Two Forms of Aggression Against Women.” National Council on Familt Relations. 1995. “The first form…other control tactics”
Patriarchal terrorism occurs if domestic abuse is allowed to continue.
Pre and post fiat
NC #2
I negate.
Morality must presume the inherent worth of moral agents QUINN
I negate and value morality.
Quinn, Warren S. Actions, Intentions, and Consequences: The Doctrine of Doing and Allowing. The Philosophical Review, Vol. 98, No. 3 (Jul., 1989). JSTOR. http://www.jstor.org/stable/2185021
A person is …the collective whole.
AND, violations of freedom are logically contradictory and must be rejected. ENGSTROM
Engstrom, Stephen. “Universal Legislation as the Form of Practical Knowledge.”
Now on the..the same freedom.
The criminal justice must set up fair standards to respect agents. ALLAN
Allan, T.R.S. Procedural Fairness and the Duty of Respect. Oxford Journal of Legal Studies, Vol. 18, No. 3 (Autumn, 1998), pp. 497-515. Oxford University Press.
In a democratic …done with one’.
The standard is maintaining procedural fairness in the CJS.
A) Culpability
B) Voices
CONTENTION: The neg defends an adversarial system that aims for procedural fairness.
- NAGORCKA 05
Felicity Nagorcka, Michael Stanton, and Michael Wilson, “Stranded Between Partisanship and the Truth? A comparative Analysis of Legal Ethics in the Adversarial and Inquisitorial Systems of Justice,” 29 Melb. U. L. Rev. 448 (2005)
it is a mistake… a major question.
2. Analytic
3. ACP is the only part of the trial that aims to protect the interests and rights of the defendant. Glynn 02
Timothy P. Glynn Associate Professor of Law, Seton Hall University School of Law?ARTICLE: FEDERALIZING PRIVILEGE The American University Law Review October, 2002 52 Am. U.L. Rev. 59
Second, the testimonial…to relevant evidence. n24
Prefer Aims Based
AND, Black’s Law Dictionary defines criminal justice system.
The collective institutions …and parole officers).”
NC #3
First, social contracts form the basis of morality in a nation through consent. Allholf furthers:
The Evolution of the Moral Sentiments and the Metaphysics of Morals Fritz Allhoff http://files.allhoff.org/research/Evolution_Moral_Sentiments_Metaphysics_Morals.pdf
“All social contract …met at the bargaining table.”
Second, the ultimate contractual agreement in US judicial law is the Constitution, which functions as an unbreakable side constraint on government decisions in the United States. Further, it is the duty of the Supreme Court to interpret the Constitution.
WILLIAM H. REHNQUIST, Former Chief Justice of Supreme Court, “The Notion of a Living Constitution,” Harvard Journal of Law and Public Polivy, Vol. 29 No. 2, 1975
Rehnquist
“As between the branches …Court must prefer the Constitution to the government acts.”
Thus, the standard is maintaining governmental legitimacy through abiding by the ideals of the Constitution.
And, prefer this standard for 7 reasons:
1) Additionally, prefer contractarianism since it is based on consent—implicit in acceptance of a contract—which ultimately determines what qualifies as a net good or harm
2) Second, the CJS is the actor in the resolution and thus, so, prefer constitutional judgments because they are specific to how judicial governments function
I contend that affirming violates the constitutional protections of the 6th amendment
Affirming is Unconstitutional
Fordham Law Review Volume 71 | Issue 4 Article 3
2003 The Evisceration of the Attorney-Client Privilege in the Wake of September 11, 2001
Marjorie Cohn
“The accused in a criminal ….been denied his Sixth Amendment right to the effective assistance of counsel.”
And, the ACP is a staple of modern law and K2 the functioning of the judicial system
Cohn 2
“The attorney-client privilege …maintain the secrecy of the communication.”