The Instigator
BrettBoelkens
Con (against)
The Contender
Challenge Period
Open Debate

The United States should abolish plea bargains

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Challenge Expires In
02days10hours09minutes47seconds
Voting Style: Open Point System: 7 Point
Started: 12/8/2017 Category: Politics
Updated: 4 days ago Status: Challenge Period
Viewed: 109 times Debate No: 105651
Debate Rounds (3)
Comments (1)
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BrettBoelkens

Con

Again, this is my LD case, and since it is made of cards the formating and grammar will be horrible. Please forgive me.

Contention 1: Abolition causes a judicial system crash
Bureau of Justice Assistance, 05
(https://www.bja.gov...)
in 2003 there were roughly [75 thousand] cases disposed of in federal district court , 95 percent [or a little less than 72 thousand cases] were disposed of by a guilty plea.

[Under the abolition of all plea bargains, those 72 thousand would have to be brought to trial, bringing a 20 fold increase in the amount of Federal District trials. This would crash the judicial system, and overload the courts. And since this is from the Bureau of Justice Assistance that works directly under the US Department of Justice, they probably have a good idea of what they"re talking about.]

Contention 2: Abolition causes prison overcrowding
Subpoint A: Trial cases have longer sentences than plea deals, and will result in a larger prison population if pleas are abolishedBureau of Justice Assistance, 13
(https://www.bja.gov...)
researchers have found that those who go to trial are more likely to receive harsher sentences than those who accept a plea. [Due to 95% of all cases being settled by plea bargains, and trial"s longer sentences, under plea bargains abolition prison overcrowding would increase due to longer prisoner sentences and pretrial detention.]

Sub point B: Prison Overcrowding increases spread of disease
WIRE, 17
(https://fromthebarbedwire.wordpress.com...)
One of the problem is that many overcrowded prisons has become a breeding ground for infectious diseases such as [TB] HIV and Hepatitis C. overcrowding allows easy transmission of these diseases TB in prisons represents " of a country"s burden of the disease. due to inadequate treatment, TB cases within prisons acquire resistance to drugs at a faster rate than normal.

[Since overcrowding would be worse, and prisoners would go in and out of jail quickly, disease would be spread to the public at a much faster rate. This drug resistance would also make this pandemic much more difficult to treat since antibiotics won"t work. The World Health Organization already says drug resistant microbes "are now a major threat to public health." and this threat would be made worse.]

Sub point C: It significantly holds back rehabilitation efforts
Mclaughin, 11
(https://www.huffingtonpost.com...)
[According to the Government Accountability Office] The ballooning incarcerated population holds back efforts to rehabilitate convicts , [Since rehabilitation efforts will be less effective, and prison populations will be larger, the US will have an even larger prison population that can"t be efficiently rehabilitated. This means there's no real way to fix the problem, and we"ll pay billions more for one of the largest prison systems in the world. This can"t be afforded with the 20.5 trillion national debt.]

Contention 3: The aff plan doesn"t solve for harms, past abolishment attempts failed
Subpoint A: Plea bargaining is illegal in the UK, yet happens off record. The same would happen in the US.
Dyer, 2000
(http://www.theguardian.com...)

Officially, plea bargaining does not take place in [the UK] [in] 1970, [the court case] R v Turner [criminalized the practice]. But this still goes on [with U31; of all barristers taking part in the practice. In the UK there isn"t any sort of documentation whatsoever since it"s underground. This lowers the transparency of the process and increases the likelihood of abuse].

Subpoint B: Abolishment efforts have repeatedly failed
Howe, 05
(http://adams.law.ou.edu...)
Efforts to simply ban most plea bargains have also repeatedly failed [El Paso"s 1978 to 1984 increased the backlog by 250 percent, Other attempts have been tried in Bronx County, New York, Detroit, Alaska, New Orleans, and Ventura County], . In each case, either the bargaining shifted to other stages in the process, the provision of bargains merely shifted from prosecutors to judges, or prosecutors ignored the ban [Almost all of the aforementioned cases were reinitiated due to the logistical impossibility of imposing a permanent ban. Plea bargains, and by extension their harms, would still occur with or without the passing of the aff plan.

In summary, the judicial system crashes, prisons becoming horribly overcrowded, drug resistant disease spreads, and prisoners won"t be rehabilitated. Either way plea bargains still take place underground and don"t solve for aff"s harms. We can"t think of morality purely in theory and without looking at the consequences of actions. Under abolition, we aren"t supporting human welfare whatsoever and we"re causing more harm than good.
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Debate Round No. 3
1 comment has been posted on this debate.
Posted by PointyDelta 2 days ago
PointyDelta
literally no one would argue for this
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