query: Having trial by jury for people accused of very small offences is a waste of resources.  Juries are very expensive and time consuming, and courts may not be capable of using them for all trials. Indeed, in both the UK and the United States, minor or petty offences can be tried without jury (such offenses are defined differently in different places; in the US petty offences are those carrying less than 6 months prison time or a fine of $5000)1. That is because in densely populated areas, the courts are simply not capable of handling all trials with juries 2. But even beyond the limitations already in place, there may be more small-scale trials which could function without juries, and free up resources. According to British government crime advisor Louise Casey, if all of the either-or cases (cases dealing with minor offences which can be tried in either a crown or a magistrates court) were shifted entirely to the latter, Britain would save £30m in the costs of setting up juries. Such money could be used to help out victims of serious crimes, or otherwise improve the justice system 3. For example, if more time and money were freed up in the United States, the courts might not need to pressure so many defendants into plea bargaining, or pleading guilty without a trial in exchange for less harsh sentencing or the dropping of other charges (in 1996, about two thirds of American criminal case dispositions involved guilty pleas) 4. That would allow more trials to take place, and more justice to be done.  1.  )  2.Robert P. Connolly, "The Petty Offence Exception and Right to a Jury Trial"  3.Peter Wozniak, "Trial by Jury Faces the Axe for Petty Crimes"

positive: eral philosophy political philosophy house would limit right trial jury some Trial by jury is too important to sacrifice it for the sake of efficiency. As explained in the Opposition case, trial by jury is one of the cornerstones of just democratic courts. There are other ways to free up resources: perhaps if we put fewer people in prison we could spend more time and money ensuring that the right people got there. As Judge McQuillan wrote, "dedication, hard work, planning and resources are the means for dealing effectively and rationally with calendar delays."1  1Robert P. Connolly, "The Petty Offence Exception and Right to a Jury Trial"

negative: law general house would place cameras courtrooms televise court cases Witnesses and jurors could easily become involved in the media coverage of the case and place the trial at jeopardy.  Newspaper interviews with witnesses have already caused trials to be cancelled in the past [1] because the judiciary recognises that media coverage can change people’s incentives and warp their priorities. This interference may affect the reliability of the witness’ evidence or the jurors’ verdict. Following the televised trial of O. J. Simpson, several witnesses and jurors gave interviews to the media, or wrote their memoirs of the case [2] . If witnesses and jurors know that their public lives could be affected by how the rest of society perceives them through a court case, they might have an incentive to be more harsh or more lenient; public outrage when the criminal sentence does not match their own interpretations is likely to be laid on those who caused that sentence. This is particularly dangerous for America, where they have trial by jury [3] . Here, the jury has more control over the sentencing of criminals – which obviously becomes a problem if the jury has a vested interest in giving harsh sentences to offenders in order to gain public support. Cameras in court can only encourage witnesses and jurors to distort their true recollection or their opinions in order to profit from the media circus.  [1]  , accessed 19/08/11  [2]  , accessed 19/08/11  [3]  , accessed 19/08/11

negative: eral philosophy political philosophy house would limit right trial jury some Not only is trial by jury a very important check on the justice system, but evidence also suggests that juries are fair and effective. First of all, as explained in the Opparguments, trial by jury is an extremely important check in the criminal justice system. Eliminating it would be a grave threat to justice. But second, to address the more practical concerns raised by the Proposition, studies actually suggest that juries are fair and effective. Recent UK Ministry of Justice research found that juries tend to be objective and non-biased, and that cases based on the strongest evidence are also those cases resulting in the highest conviction rates.1  1Cheryl Thomas, "Are Juries Fair?"

negative: eral philosophy political philosophy house would limit right trial jury some Limiting trial by jury in some cases sets the stage for limiting it in other, unjustified, cases.  Humans are fallible, and so sometimes it is better to have absolute rules against certain actions, even if we recognize that in a perfect world, it might be better to allow such actions in very specific circumstances.1 It is for this reason, for example, that we never allow evidence obtained by illegal measures to be presented in court, even though such evidence would sometimes make it possible to convict. Similarly, even if removing trial by jury might be good in individual circumstances, it is too great a power to give to a fallible government which may misuse that authority. If there is a precedent of the right to trial by jury being removed in some circumstances, even if that removal is justified, it becomes much easier for corrupt governments to remove it for unjustified reasons, and it becomes correspondingly more difficult for us to condemn that decision as illegitimate.  1Brad Hooker, "Rule Consequentialism"

negative: law general house would place cameras courtrooms televise court cases A stenographer already records every word spoken during the course of the trial, which already serves to help with potential appeals [1] [2] . Furthermore, appeal court judges rarely interfere with the verdicts of lower courts because they were not present at the original trial. Using a video record to overturn the verdict of a previous court would essentially eradicated the role of a jury; which is to reach a decision based on the fact presented, guided by the judge’s knowledge of the law [3] [4] . Far from making court proceedings more democratic and transparent, using cameras in courtrooms would actually be damaging because it undermines the position of normal people to reach a verdict of ‘guilty’ or ‘not guilty’. In this case, a judge’s choice to hang a new verdict on video information would make the law a very exclusive practice where very few individuals can determine the fates of others, and the role of jury would become irrelevant.  [1] In the UK:  , accessed 18/08/11  [2] In the US:  , accessed 18/08/11  [3] in the UK:  , accessed 18/08/11  [4] In the US:  , accessed 18/08/11

negative: crime policing law general punishment society house would disclose previous The disclosure of previous convictions could falsely characterize the defendant.  This motion is incredibly dangerous in a variety of ways as not only convictions but also acquittals and other past conduct could then be raised in a court trials. This means that a jury could be informed that somebody had questionable behaviour, such as a sexual interest in children, even if they had never been tried or much less convicted of an actual offence. This would allow the prosecution to unduly blacken the character of the defendant, and easily prejudice the jury against them for no valid reason, and without the evidence which formal proceedings would require. Studies into jury verdicts have found that a jury was ‘50% more likely to convict if it was told that the defendant had a conviction for a similar previous offence than if it was given no information’, particularly in regard to sexual offences [1] . This is proof that jurors are highly susceptible to prejudice when reaching a verdict.  [1] The Economist, ‘Tilting the balance’, 2 January 2003.

negative: crime policing law general punishment society house would disclose previous The verdict of an individual trial should not be predicated on trials which have already been carried out and concluded. The evidence which is being ‘withheld’ here is in fact irrelevant to the case at hand. While these countries recognise that juries have great value as a representative of the people [1] , it is also important to recognise that people are vulnerable to bias – as shown by the huge increase in convictions when previous offences are disclosed [2] . The benefits of disclosing past convictions is outweighed by the benefits of the jury remaining impartial as far as possible, as this is the best way to reach a fair and just verdict.  [1] Tickner, Joel and Ketelsen, Lee, ‘Democracy and the Precautionary Principle’, The Networker, Vol. 6 No.3, May 2001  [2] The Economist, ‘Tilting the balance’, 2 January 2003

negative: eral philosophy political philosophy house would limit right trial jury some There are procedural ways of mitigating this concern that are less severe than eliminating the jury altogether. Possible ways of dealing with jury intimidation/tampering include 1) having retrials in cases where jury tampering occurred, 2) attempting to increase the degree of juror anonymity, for example by seating jurors where they cannot be seen, and 3) by having higher penalties for jury tampering and intimidation. The second way is probably the most effective, and American courts have found that in cases where jury tampering poses a serious threat, it does not interfere with the defendant's right to a fair trial.1 1Laura K. Donohue, "Terrorism and Trial by Jury: The Vices and Virtues of British and American Criminal Law"

negative: crime policing law general punishment society house would disclose previous Allowing this motion would lead to a miscarriage of justice.  This motion removes the incentive for police to conduct vigorous investigations. Given the increasing pressure on policemen and women to gain convictions [1] , this motion will mean that their best chance of obtaining those convictions is simply to accuse those whose backgrounds could feasibly lead a jury to believe that they are not only capable of crime, but have committed the crime in question. Subsequently, the real culprits may be left to go free as suspicion is routinely pointed towards those who already have a criminal record. Given that poor police investigation [2] and poor case preparation by the prosecution [3] are currently a large source of dissatisfaction with the justice system, it is important to prevent either police or the prosecution from becoming dependent on the negative records of the defendants rather than properly fulfilling their roles.  [1] Bushywood, ‘CPS - Crown Persecution Service’.  [2] The Guardian, ‘The cost of poor policing’. 11 October 2010  [3] Human Rights Watch, ‘Justice at Risk: War Crimes Trials in Croatia, Bosnia and Herzegovina, and Serbia and Montenegro’, 14 October 2004, D1607.

negative: Juries will know this is a retrial – because evidence will have to be ‘read’ from the first trial where witnesses have died, because notes from ‘last time’ will be available to advocates and the accused, because the legal procedure of the last trial will be subject to discussion in this one. If a jury knows a case has been brought again, there will be a presumption that the accused is guilty because a higher court has already decided that the new evidence makes the acquitted defendant now look guilty after all, and so granted a retrial. The presumption of innocence will no longer exist. And unless the system is going to be overwhelmed with retrials like this, in which case it would be unworkable, then second trial capacity can only (and rightly) be directed towards ‘exceptional’ cases. Such cases are well known - like that of the murder of Stephen Lawrence 1. How could individuals face trial again on the same charges, when in the glare of media attention it has been declared they should have been convicted at the first trial? How could they possibly expect a fair trial?  1. Akwagyiram, A. (2008, April 22). The legacy of Stephen Lawrence. Retrieved May 12, 2011, from BBC News:

negative: law general house would place cameras courtrooms televise court cases People should have a right of access to justice.  Given that people are already allowed to watch court proceedings from the public gallery – including the Judicial Committee of the House of Lords in the UK [1] , and the Supreme Court in the US [2] – there is little reason why this should not be extended to give better access across the nation to anybody who wants to watch. Those with full-time jobs or who live far away from the courts are currently unfairly limited in this respect, and those who do wish to attend well-publicised trials often have to arrive hours in advance to get a seat. Individuals should not have to give up so much time and money just to be able to watch a democratic proceeding, which is a cornerstone of democratic nations. Given that many closed trials such as the trial of the Guantánamo Bay terrorism suspects [3] have still led to intense media coverage, we would be better off showing the courts to be transparent and just instead of vainly trying to hide everything behind closed doors.  [1]  , accessed 05/08/11  [2]  , accessed 05/08/11  [3]  , accessed 19/08/11.

negative: The fact that the prison system is not designed to be punitive doesn’t mean it shouldn’t be. Retributive justice demands that criminals are punished. Prison should do that, and it should fit the crime, by having more than one category of punishment based on the offence. It is understandable that prison services themselves do not consider their task to be to punish; they claim that is done by the judge or jury that hands out the sentence. This however in effect means that no one takes responsibility for punishing those who have done wrong. Instead each stage of the criminal justice system becomes solely an attempt to prevent future crime without consideration to past victims.

negative: ure media television law international law house opposes televising all criminal The Hussein trial identified the solution to problematic rants disrupting the trial - the TV feed cut to the judge and faded out Hussein’s sound [1] . This is part of the reason why the ICC broadcasts are on a 30 minute delay, on web and TV access – outbursts, material that should be redacted and other things can be redacted before it reaches viewers.  These antics have been used in trials before the rolling news era, such as in the Chicago Eight case in the US, the trial of eight activists (one of whose trials was separated) for conspiracy and incitement to riot for offences regarding demonstrations at the 1968 Democratic National Convention in Chicago. One of the defendants, Bobby Seale, launched in to a vicious vocal tirade against the judge, and was eventually bound and gagged in the courtroom. During the trial of the other seven, the defendants tried various antics including blowing kisses to the jury, wearing judicial robes which were removed to reveal police uniforms, not standing when the judge entered the court, and draping a North Vietnamese flag over the defence table [2] . The convictions – including those of the defence counsel for contempt of court – were overturned due to improper jury selection.  Television is not necessary for such behaviour.  [1] Engel, Richard, ‘Saddam trial outbursts, heard but not seen’, NBC News, 5 December 2005,   [2] Linder, Douglas O., ‘The Chicago Seven Conspiracy Trial’, University of Missouri Kansas City,

negative: ure media television law international law house opposes televising all criminal Open justice – crimes with large numbers of victims  The principle of open justice, including the right to a public trial [1] , is enshrined in many legal systems. The best show of commitment to open justice is to allow everyone to watch it, the best method of doing so is for the trial to be televised. This is all the more the case when the victims can't all be in court, either because of the numbers or because of the distance.  Television coverage will help bring the trial closer to the victims. International criminal trials regularly take place outside the location of the offences, either in The Netherlands such as the ICTY, ICC and Charles Taylor trial, or elsewhere, such as the ICTR sitting in Arusha, Tanzania. It would be helpful in terms of providing closure to the victims, who should be witnessing proceedings.  [1] See the 6th Amendment to the US Constitution, Article 6 of the European Convention on Human Rights

negative: eral philosophy political philosophy house would limit right trial jury some Through jury nullification, juries make the law more accountable to the people.  Although juries are not technically supposed to nullify the law, or choose to acquit even if the evidence suggests that the defendant is guilty, they sometimes do. This usually happens when the jury believes the law is unjust: for example when the punishment is disproportionate to the crime1 (for example some activists encourage juries to nullify in cases of non-violent drug crimes). We believe this is good because it allows the public to check the government in a way for which rare elections and complex legislative processes do not allow. Only consider how many 'democratic' countries have upheld policies of segregation or discrimination, and it becomes clear that 'free and fair' elections can lead to outcomes that are anything but. Thus jury nullification can a) protect individuals from blatantly unjust laws, and b) provide impetus to actual legislative change. For example, some scholars believe that it was in part the frequent acquittal by juries of defendants who were probably guilty, but who would have received the death penalty if found to be so, that led to the US Supreme Court declaring mandatory capital punishment schemes unconstitutional.2 This community input is valuable in all circumstances, and there is no reason why it should be limited to certain cases.  1Doug Linder, "What Is Jury Nullification?  2Andrew Leipold, "Rethinking Jury Nullification

negative: 1) There are checks against jury nullification. The judicial system can reduce the impact of jury nullification by explaining to juries that their responsibility is to determine the guilt of the defendant. The judge can explain that nullification is not a legally acceptable form of dissenting from a law that one perceives as unjust. While King makes the observations noted by the Pro, she also notes that prosecutors may dismiss potential jurors that admit they will consider the severity of the punishment. [1]  (2) A careful jury is a good jury. When juries are reluctant to convict because of the death penalty, they are often asking themselves, “am I so sure that this person committed this crime that I am willing to bet their life on it?” Such hesitation is beneficial to the justice system- it reduces the number of wrongful convictions. Similarly, mandatory minimum sentences make juries realize the significance of their decisions. While this may allow some lucky criminals to evade justice, it also prevents innocent civilians from suffering punishments they do not deserve.  [1] Nancy King, “Silencing Nullification Advocacy Inside the Jury Room and Outside the Courtroom,” The University of Chicago Law Review, Vol. 65, No. 2, 1998,435.

negative: law general house would place cameras courtrooms televise court cases It is unlikely that people will use court cases as a form of entertainment; if the entire case is televised, then a lot of the case will be ‘boring’ discussion of applying law and legal theory [1] , rather than doling out punishment Judge Judy-style. Even if a few people do try to use it as entertainment, the potential benefit to wider society as they can literally see how their legal system works to protect them outweighs the very small number of people who might group court cases and reality television shows together. Furthermore, if somebody is convicted of a serious crime like murder, their chances of rehabilitation are already slim (and convicts often re-offend), whether it is televised or not [2] . Indeed, some would argue that they have forfeited their right to rehabilitation by committing murder in the first place [3] . However, if they were acquitted of a serious crime on television, future employers could be more likely to accept them as they could see exactly how the court progressed and arrived at that conclusion, rather than having it shrouded in mystery which could breed suspicion.  [1] Transcript of a court case:  , accessed 18/08/11  [2]  , accessed 19/08/11  [3]  , accessed 19/08/11

negative: eral philosophy political philosophy house would limit right trial jury some Protections offered in a court must be absolute in order for the court to be just.  A just adversarial court system is premised on absolutes: that the defence has certain absolute rights which check it against government corruption, and which ensure fair trials even at the expense of conviction. Indeed, it is for this reason that we say it is better to let ten guilty men go free than to punish one innocent man. The protections in place that ensure fair trials must always be upheld, or else the guarantee of fairness no longer exists. If the government can sometimes remove this right, even in clearly delineated circumstances, then the right is no longer absolute, and the presumption in favour of the defence is far weaker, undermining the justness of the entire system.

negative: eral philosophy political philosophy house would limit right trial jury some Jury nullification is a bad thing, and just another reason why trial by jury is not always the best way to deliver justice. When juries nullify, they bypass the electoral process, invalidating laws that society has already approved by democratic elections. This is unjust, because it means that a small, random group of individuals can ignore laws which have been approved by the majority of society. Even if a juror believes a law to be unjust, it is integral that he enforce that law, because that law represents the will of a constitutionally checked majority, as well as trained and educated legislators. If a law is truly unjust, there are better avenues to change it: voting in new legislators, legally protesting, appealing the law in court etc. Furthermore, there is no guarantee that jury nullification will be used to protect rights; indeed racist juries frequently acquitted KKK members in the 1950s and 60s.1 The fact that there is no way to prevent jury nullification without forcing juries to justify their decisions (which would violate the principle that juries must be allowed to deliberate secretly) is just another reason why juries may not be the best way to deliver justice. 1Hiroshi Fukurai and Richard Krooth, "Race in the Jury Box"

negative: The death penalty can produce irreversible miscarriages of justice.  Juries are imperfect1, and increasing the stakes of the verdict can pervert justice in a couple of ways. First, implementation of the death penalty is often impacted by jury members' social, gender-based or racial biases2, disproportionately impacting certain victimized groups in society and adding a certain arbitrariness to the justice system. A 2005 study found that the death penalty was three to four times more common amongst those who killed whites than those who killed African Americans or Latinos, while those who kill women are three and a half times more likely to be executed than those who kill men2. Regional differences in attitudes towards the death penalty can also introduce elements of randomness into sentencing. For instance, in Illinois, a person is five times more likely to get a death sentence for first-degree murder in a rural area than in Cook County2. Finally, the fear of wrongful execution can also pervert justice by biasing juries towards returning an innocent verdict when they would otherwise be deemed guilty3. When they are told that the consequence of a guilty verdict is death, they are likely to find some kind of reasonable doubt to avoid being responsible for the death of that criminal. This means that more criminals who would've otherwise been convicted do not get charged. In this sense the death penalty can pervert the goals of justice and prolong the difficult process for victims' families. 1 "Saving Lives and Money." The Economist. March 12, 2009. Accessed June 5, 2011. 2 Turow , Scot. "To kill or not to kill," The New Yorker, January 6, 2003. Accessed June 3, 2011, 3 Death Penalty Information Center. Accessed June 8, 2011.

negative: americas middle east house believes us and israel should join international While the ICC operates its own rules of procedure and uses its own formulation for due process rights, it has protections as strong as the top legal systems around the world.  While the ICC is unique, it meets the standards accepted for a fair trial. For example, article 66(2) of the Rome Statute guarantees the presumption of innocence, article 54(1) covers disclosure, article 67 includes the right to counsel and a speedy trial. These safeguards are considered more than adequate by human rights campaign groups such as Amnesty International.  While the ICC does not use juries, in many cases it would be difficult to find an impartial jury or to transport them, and they would be unlikely to cope with the weighty and complex legal issues that occur in complex international criminal trials. At any rate, many states, even common law ones such as the US, do not use juries at all (such as Israel), and in some circumstances they can be allowed in the US.

negative: The fact that juries are prone to several biases is not a flaw inherent or unique to capital punishment. If there are racial or prejudicial issues in sentencing, these are likely to present themselves just as often in cases where the punishment is life in prison. It is equally problematic for people to die or spend decades in jails for crimes they did not commit. These errors suggest that the judicial process may need some reform, not that the death penalty should be abolished. Implementation errors that result in discrimination can and should be corrected. Moreover, there is little evidence that these biases are even present in most death penalty cases1. A study funded by the National Institute of Justice in the US found that differences in sentencing for white and non-white victims disappeared when the heinousness of the crimes were factored into the study1. Thus, factors relating to the crime, not the race, of the accused accounted for some of the purported racial disparities that were found. Finally, jurors must be "death- qualified" in such cases, meaning that they are comfortable sentencing someone to death should the fact indicate their guilt2. Thus, it is unlikely that many jurors will abstain from a guilty verdict because they are uncomfortable with the death penalty. 1 Muhlhausen, David. "The Death Penalty Deters Crime and Saves Lives," August 28,2007. Accessed June 5, 2011. 2 Haney, Craig. "Juries and the Death Penalty." Crime and Delinquency. Vol 26 no 4. October 1980.

negative: crime policing law general punishment society house would disclose previous The motion completely undermines the assumption of innocence which accompanies a fair trial.  By projecting past convictions on to a new case, this disclosure greatly weakens the presumption of innocence which is the defendant’s right [1] . It is the jury’s duty to form a verdict based on the relevant case, and it should not be dependent on events from the defendant’s past life which may be completely irrelevant to the case in hand. Many people who mistakenly committed a crime at one point in their life realise that it was a mistake and do not go on to re-offend, particularly if they have received help or treatment from the state [2] . Even if the defendant has repeatedly committed crimes in their past, it does not necessarily follow that they are guilty of the particular offence which has gone to trial.  [1] Criminal Defense Department’ Every person is PRESUMED INNOCENT until Proven Guilty Beyond a Reasonable Doubt’, Parkes Law Group, 6 May 2011  [2] Public Safety Canada, ‘Treatment for sex offenders’, 28 December 2007

negative: africa global law human rights international law house believes Most often, prosecutions that occur are not just with only the losing side being prosecuted for their crimes. The Nuremburg trials prosecuted Nazi’s for offences they committed, but none of the Allied forces were ever brought for trial; Curtis LeMay who commanded the US Air Force in fire bombings that killed hundreds of thousands of Japanese himself said “I suppose if I had lost the war, I would have been tried as a war criminal.”[1]  Prosecutions also focus on a small number of scapegoats, to the exclusion of the majority who showed sympathy for that regime, civilians that marched with the regime, or political supporters. An example of this is the prosecution of the military junta in Argentina in 1984-5 while Peronist supporters (the new government was peronist) were given amnesties under the ‘full stop’ program. It took another 20 years before more – 267 members of the military and police – were convicted.[2]  The third reason why these trials may be unjust is that the laws that get created – in order to ensure that no one slips through the cracks – are usually so broad and generalist that they are virtually indefensible and fail to take context of the crimes into account. As such, the laws themselves are often manifestly unjust.[3]  [1] ‘General Curtis E. LeMay, (1906-1990)’, PBS, accessed 24/2/2014,   [2] Layús, Rosario Figari, ‘Better Late than Never: Human Rights Trials in Argentina’, RightsNews, Vol.30, no.3, May 2012,   [3] Osiel, Mark J. ‘Why Prosecute? Critics of Punishment for Mass Atrocity’ 118 Human Rights Quarterly 147

negative: ure media television law international law house opposes televising all criminal ICC does not have same problems as other legal systems  The ICC as a court does not have many of the things that a domestic criminal trial would have in terms of disadvantages of televising. Like all other international tribunals, there is no jury, only a panel of professional judges. Judges are going to be less intimidated by there being television broadcasts even if broadcasts of trials typically aim to obscure the identity of the jury. Similarly, there is a competent system of witness protection, and other safeguards.

negative: The ICC would prevent show trials  The use of the ICC could work better than domestic show trials in the aftermath of a civil war. Instead of domestic courts, prone to all their biases, an international, unbiased, criminal system could replace the prospect of a Ceausescu-style non-trial followed by summary execution, or some other form of unfair trial which could sow the seeds for problems down the line. Even the trial of Iraqi dictator Saddam Hussein done while the United States had a lot of influence over the country as a result of its occupation was condemned as having “serious administrative, procedural and substantive legal defects”. [1]  Instead, an ICC trial would allow the full details to be probed, investigated and independently prosecuted without being subject to domestic post-war recriminations.  [1] ‘Judging Dujail The First Trial before the Iraqi High Tribunal’, Human Rights Watch, 20 November 2006,

negative: Governments clearly have powers to protect citizens from harm, but there is a limit to that extension of power. It is a limit that does not include the undermining of the very values the state is built upon, restricted executive power. Captured enemy combatants are not comparable to those captured during World War II, for the former were arrested for the perceived threat they caused, whilst the latter were captured and interned for a tangible, real threat 1. Soldiers are implicitly guilty when captured, enemy combatants who have yet to commit a crime can reasonably claim their innocence and deserve a fair trial. Furthermore, there is little evidence to suggest that internment without trial is a means to protection; the period of internment only stirs up sentiment that can be directed against the captors once eventually released. It may be the case that the safest way of protecting civilians is in fact to offer suspects a fair trial and, if found innocent, rendered back to where they were found. The existence of a strong, impartial legal framework would have infinite benefits for the moral standing of the state in the eyes of potential adversaries.  1 Davis, F. (2004, August) Internment Without Trial: The Lessons from the United States, Northern Ireland and Israel. Retrieved June 23, 2011 from:

negative: Detainees have the right to trial in US courts:  Prisoners have been detained at Guantanamo for long periods without clear charges being filed and without trial. This is a violation of the international legal principle of habeas corpus. One of the primary problems is that, without clear charges and a presentation of evidence against a suspect, the suspect cannot contest the charges and prove their own innocence. And, as a matter of fact, numerous detainees have been found innocent, but only after excessively long periods without being charged or brought before a court. [1]  Many Guantanamo detainees may have never committed terrorist acts or fought against US forces in Afghanistan at all; they were simply turned over by Northern Alliance and Pakistani warlords for bounties of up to $25,000. For almost seven years they have been held without a fair hearing or opportunity to demonstrate those facts. Courts who reviewed the cases of 23 detainees to see if there was reasonable evidence for their continued detention found no credible basis for detaining 22 of them. [2] Other detainees were captured in places where, at the time of their arrest, there was no armed conflict involving US forces. The case of the six men of Algerian origin detained in Bosnia and Herzegovina in October 2001 is a well-known and well-documented example. [3]  Therefore the only way to resolve these issues is to try all the detainees at Guantanamo Bay in US courts, and release any against whom charges cannot be brought. Former US Secretary of Defense Colin Powell has endorsed this reasoning, arguing that "I would get rid of Guantanamo and the military commission system and use established procedures in federal law[...]It's a more equitable way, and more understandable in constitutional terms," [4] US courts are fully capable of dealing with terrorist trials, as shown by the fact that they have rendered 145 convictions in terror-related cases in the past. [5] Convictions in US courts would probably be seen internationally as having more legitimacy than those obtained through the current system of military tribunals, which is often viewed as rigged against the defendants. [6] Only by allowing full due process in American courts can the rights of the detainees be uaranteed and their guilt or innocence truly established.  [1] New York Times Opinion. "The President's Prison". New York Times. March 25, 2007.   [2] Wilner, Thomas J. "We Don't Need Guantanamo Bay". Wall Street Journal. 22 December 2008.   [3] United Nations Economic and Social Council. "Economic, Social, and Cultural Rights. Civil and Political Rights. Situation of detainees at Guantánamo Bay". United Nations Economic and Social Council. February 15, 2006.  [4] Reuters. "Colin Powell says Guantanamo should be closed". Reuters. 10 June 2007.   [5] Wilner, Thomas J. "We Don't Need Guantanamo Bay". Wall Street Journal. 22 December 2008.   [6] Wilner, Thomas J. "We Don't Need Guantanamo Bay". Wall Street Journal. 22 December 2008.

negative: The rules and laws that protect the accused will remain at retrial  All the rules and laws that protect the accused at the first trial will be in place at a second - it's not as if the rule of law suddenly disappears. The presumption of innocence, proof beyond reasonable doubt, the right to a fair hearing and competent counsel, the judge's duty to appropriately direct the jury, etc. will all continue to apply and prevent miscarriages of justice from occurring. Nor is the system likely to be overwhelmed with retrials. Much of the current push for the end of the double jeopardy rule comes from the widespread use of DNA testing, which has allowed many old cases to be revisited with compelling new evidence of guilt or innocence. Mark Weston, for example, was convicted at a re-trial after specks of the victim's blood were found on Weston's shoes, justifying the re-opening of the case1. After a few years, the impact of DNA testing on solving similar cold cases will be expended and there will be very few retrials. 1 Bate, S. (2010, December 13). 'Loner' convicted of murder in double jeopardy re-trial. Retrieved July 19, 2011, from The Guardian:

negative: The ICC is the best way to prosecute serious crimes because of its permanence; individual tribunals are not enough.  The ICC is uniquely beneficial because of its intention to be a permanent force that will always hold people accountable, instead of slowly reacting to crimes after-the-fact. It is intended to be universal and apply to every situation without mandating the creation of a new tribunal every time something happens, and may be even more effective than tribunals at responding to crimes. Even though tribunals such as the ones for the Former Yugoslavia and Rwanda may have worked, they were "necessarily limited in scope" and cannot be applied on a large scale, which is what is needed.1 Additionally, those tribunals were relatively ineffective, as they took two years to set up, and relying on establishing new tribunals every single time wastes precious time. Doing so would also let smaller but still serious crimes slip under the radar, as they would not warrant the creation of a new tribunal, but may still count as a crime against humanity.2  1 Kirsch, Philippe. "The International Criminal Court: Current Issues and Perspectives." Law and Contemporary Problems, Vol. 64 No. 1, Winter 2001, 3-11.  2 Marler, Melissa K. "The International Criminal Court: Assessing the Jurisdictional Loopholes in the Rome Statute." Duke Law Journal, Vol. 49 No. 3, December 1999, 825-853.

negative: rnational africa law human rights international law government leadership voting Criminal defendants don’t get to pick and choose trial dates  Irrespective of who they are, Kenyatta and Ruto are nothing special – they’re just another two criminal defendants.  A person who is on trial murder or any other offence, whoever they are, can’t pick and choose their trial date for their own convenience or for their own business interests – why should these two particular defendants get a special privilege? Silvio Berlusconi was prosecuted by the Italian courts; the slow speed was due to the glacial pace of the Italian legal system rather than him particularly agitating for a special hold-up. The court cases were not done at his convenience.

negative: Reporting on violent crimes compromises the integrity and fairness of law  Judges and juries have to be neutral when they preside in court, and no bias can enter the court’s discourse and deliberation if justice is to be done. This is especially true of violent crime, for two reasons. First, in such cases, the court is dealing with people’s lives, as violent crime convictions yield high sentences, and the court’s decisions often have a lasting effect on the physical wellbeing of both victims and perpetrators of such crimes. Second, the visceral nature of violent crime naturally causes an emotive response from people hearing about it, which can cause them to act less rationally. [1]  Opinion is thus more easily colored in deliberations over violent crime than with any other kind. In light of these facts it is necessary to analyze the behavior of the media when it reports on violent crimes. The media is a commercial enterprise. It prioritizes sales over truth, and always wants to sell the good story and to get the scoop. For this reason the media relishes the opportunity to sell the “blood and guts” of violent crime to its audience. Furthermore, the race to get stories first causes reporters and media outlets to jump to conclusions, which can result in the vilification of suspects who are in fact innocent. The media sensationalizes the extent of crime through its extreme emphasis on the violence; it builds its stories on moving imagery, emotive language, and by focusing on victims and their families. At the same time the media seeks to portray itself as being of the highest journalistic quality. [2]  This behavior on the part of the media is tremendously bad for the legal process. The media circus surrounding violent crime necessarily affects potential jurors, judges, lawyers, and the general public. This has been observed on many occasions; for example, after the OJ Simpson trial some jurors admitted that the pressure generated by the media added significantly to the difficulties of deliberation. The inescapable consequence of the media reporting on violent crimes is that people cannot help internalizing the public opinion when it stands against a person on trial. Thus court judgments in the presence of a media circus must be held suspect. By restricting reporting on violent crime, however, the pressure can be relieved and the legal process can function justly.  [1] Tyagi, Himanshu. “Emotional Responses Usually Take Over Rational Responses in Decision-Making”. RxPG News. 16 February 2007,   [2] Lee, Martin and Norman Solomon. Unreliable Sources. New York: Lyle Stuart. 1990.

negative: Many of the worries raised about who might be charged under such laws are irrelevant, judges and juries will be able to tell when someone is a journalist or intelligence official who does not have any criminal intent. Others who are visiting these extremist sites based upon ideology and yet are never going to engage in terrorist attacks themselves may well still provide financial or other support to those who do commit more violent acts. [1] A primary aim of the law is “to forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests” [2] something that this does by through preventing more major crimes by prosecuting for a minor crime. We should also remember that the punishment need not be disproportionate as it could simply mean restricting the guilty party’s internet access rather than prison.  [1] Kroenig, Matthew and Pavel, Barry, ‘How to Deter Terrorism’, The Washington Quarterly, Vol.35, No.2, Spring 2012, pp.21-36, p.24.  [2] Duff, Antony, "Theories of Criminal Law", The Stanford Encyclopedia of Philosophy (Fall 2008 Edition), Edward N. Zalta (ed.).


query: Artists often rely on copyright protection to financially support themselves and their families  Artists as they are often not paid for anything else may rely on their creative output to support themselves. This is certainly no crime, and existing copyright laws recognize this fact. Artists often rely wholly on their ability to sell and profit from their work. This policy serves to drain them of that potential revenue, as their work is shunted into creative commons, and available to all. Artists often also have families to support, and putting the added financial burden on them of stripping them of their copyright only serves to further those problems as they exist. A robust system of copyright is a much better protection to struggling and successful artists alike who like all talented individuals seek to assuage their material wants. Artists cannot live on appreciation alone. With much less secure copyright many would have to find other work.

positive: arts science censorship ip digital freedoms access knowledge house believes all Artists rarely make all that much money in the first place, and a great many only work as an artist part time. More importantly, they can still profit from their art, since they retain exclusive commercial rights to their work. Oftentimes they will actually benefit from operation under a creative commons license because it provides wider dispersal of their work, which builds a broader name and market for their work.

negative: p ip internet digital freedoms intellectual property house would use The graduated response is a violation of the basic right to due process  Detection of copyright infringement isn’t usually done by a detective sitting behind a computer. It relies on software like automated crawlers and fingerprinting, often created by commercial vendors and hired by the copyright holders. This software automatically sends detected infringements to the ISP, without someone actually checking if this allegation is correct. This means many consumers can be unjustly accused of copyright infringement.  Moreover, most graduated response policies proposed require no judicial intervention at all for the sanction to be invoked. This means private organisations get to decide who has committed a crime and deserves the punishment. The ISPs and copyright holders therefore act as accuser, prosecution, judge and executioner. On top of this if a consumer would go to court, he would also face a reversal of the burden of proof: since he is suing against being fined, he has to prove that he is not guilty, a reversal of the presumption of innocence. [1]  [1] Peter K. Yu, ‘The Graduated Response’. 2010. Florida Law Review, Volume 62. Available for download (PDF) at:

negative: arts human rights thbt social disgust legitimate grounds restriction artistic Social disgust can be central to artwork  Some forms of art rely strongly on the provocation of disgust or other strong reactions. For example, conceptual artists often rely heavily upon the provocation of strong emotions in the viewer as a way of drawing attention to important, taboo areas (e.g. death, religion and sexuality). If they are banned from doing this, then we lose an entire branch of art: we are left instead with forms of art that choose not to engage with these areas at all.  Particularly in cases where people want to draw attention to what they see as unnecessary taboos, shock is integral. For example, the work of Sarah Lucas explored taboos surrounding sexuality and gender: her work drew attention to stereotyping and taboo in a way that (necessarily) many people found disgusting. Further, it is possible to critically engage with that disgust. It is wrong to assume that the end point of a provocative piece of art is “oh, I’ve been provoked”. Rather, this emotional first response is only the beginning when it comes to the contemplation of that work. Thinking about the reasons for your disgust, and its context, allows us a greater insight into the work, which if you believe ideas are central to pieces of art (which conceptual artists do) is vital.

negative: Creative commons allows existing work to be used as a building block by others  The nature of the internet and mass media is such that many creators can benefit from the freedom and flexibility that creative commons licenses furnish to them. Creative commons provides vast benefits in allowing a creation to have life after its funding has run out or beyond its original specifications. Creative commons means that the original work can be considered to be a building block that can simply be used as a foundation for more applications and modifications.  For example in many countries government has for decades produced official maps for the country but these can only be irregularly updated – often with a new release of a paper map. However the internet means that maps could easily be regularly updated online by enthusiastic users and volunteers as things change on the ground if those maps were available under creative commons. This is why applications like openstreetmap or google maps (which is not creative commons but can be easily built upon by creative commons projects) are now much more successful than traditional mapping and has often forced government map providers to follow suit such as the UK’s Ordnance Survey making many of its maps free and downloadable. [1] It is important to recollect that those operating under a creative commons license still maintain control of the marketable aspects of their work and can enter into deals for the commercial distribution of their works. [2]  [1] Arthur, Charles, ‘Ordnance Survey launches free downloadable maps’, The Guardian, 1 April 2010,   [2] ‘About The Licenses’, Creative Commons, 2010,

negative: reputation and defamation house believes spear should have remained While public art is valuable, it can serve a purpose to educate and send a message, influencing discourse. Criticism of a political figure, when expressed via an art form, can change perceptions of that figure, particularly when their policy is under scrutiny. However, the image portrayed in ‘The Spear’ does not do these things. It does not focus on the policies of President Zuma, but rather relies on innuendo surrounding the President’s personal life, graphically represented by Zuma’s exposed penis, which is a prominent feature of the painting.  While artists have a right to criticise those in authority and galleries have a right to display any art it wants, such rights are balanced by responsibilities over how such artists conduct themselves when they choose to enter political discourse. A provocative image such as ‘The Spear’ flouts those responsibilities by relying upon graphic innuendo instead of policy criticism to get the point across. This is damaging for a number of reasons specific to the South African context which will be explained in the Opposition Arguments.

negative: living difference house would ban music containing lyrics glorify A ban will further marginalise young members of impoverished communities  Hip hop is an extremely diverse musical genre. Surprisingly, this diversity has evolved from highly minimal series of musical principles. At its most basic, raping consists of nothing more than rhyming verses that are delivered to a beat. This simplicity reflects the economically marginalised communities that hip hop emerged from. All that anyone requires in order to learn how to rap, or to participate in hip hop culture, is a pen, some paper and possibly a disc of breaks – the looped drum and bass lines that are used to time rap verses. Thanks to its highly social aspect, hip hop continues to function as an accessible form of creative expression for members of some of impoverished communities in both the west and elsewhere in the world.  Point 7 suggests that free speech flourishes when we respect believers but are not forced to respect their beliefs. Free Speech Debate discusses this principle in the light of religious belief and religious expression. However, it is also relevant when we consider how our appraisal of an individual’s background, culture and values affects our willingness to accept or dismiss what she says.  The positive case for banning- or at least condemning- hip hop often rests on its ability to reinforce the negative stereotypes of impoverished and marginalised communities that are propagated by majority communities. Critics of hip hop note that black men have often been stigmatised as violent, uncivilised and predatory. They claim that many hip hop artists cultivate a purposefully brutal and misogynist persona. The popularity of hip hop reflects the acceptance of this stereotype, and further entrenches discrimination against young black men. This line of thinking portrays hip hop artists as betrayers or exploiters of their communities, reinforcing damaging stereotypes and convincing adolescents that a violent rejection of mainstream society is a way to achieve material success.  Arguments of this type fail to recognise the depth of nuance and meaning that words and word-play can convey. They are predicated on an assumption that the consumers of hip hop engage with it in a simplistic and uncritical way. In short, such arguments see hip hop fans as being simple minded and easily influenced. This perspective neglects the “recognition respect”, the recognition of equality and inherent dignity that is owed to all contributors of a debate. Moreover, it also bars us from properly assessing the “appraisal respect” owed to the content of hip hop and other controversial musical genres. When hip hop is seen as being inherently harmful, and as being targeted at an especially impressionable and vulnerable part of society, we both demean members of that group and prevent robust discussion of rap lyrics themselves. Academics such as John McWhorter see only the advocacy of violence and nihilism in lyrics such as  “You grow in the ghetto, living second rate/ and your eyes will sing a song of deep hate”.  But these are words that can also be interpreted as astute observation on the brutality that is bred by social exclusion. In point of fact, there is little in the previous verse, or those that follow it,  “You’ll admire all the numberbook takers/ thugs, pimps and pushers, and the big money makers”,  that could be interpreted as permitting, popularising or endorsing violence. That is, unless the individual reading the verse had already concluded that its intended audience lacked his own critical perspective and understanding of social norms and values.  Even if an observer were ultimately conclude that a particular hip hop track had no redeeming value, a broad interpretation of point 7 suggests that he should, at the very least, credit its artists and listeners with a modicum of intelligence and reflectiveness. When we approach music with a custodial mind-set, determined to protect young listeners from what we see as harm or exploitation, we prevent those individuals from access a form of speech that may be the only affordable method of expression open to them.  Just as we allow individuals the right to be heard in a language of their choosing (see point 1), we should also accept that perspectives from marginalised communities may not appear in a conventional form. Under these circumstances, it would be dangerous for us to curtail and marginalise a form of speech geared toward discussing the problems faced by impoverished young people that has, against the odds, penetrated the mainstream. We are likely to deepen existing prejudices by viewing rappers and their fans as infantile, impressionable and in need of protection.

negative: reputation and defamation house believes spear should have remained Artistic Freedom  A core principle of art is that it should be free from any form of inhibition, as the particular artwork is an expression of the particular views and ideals of the artist. The subject matter in many instances is their own choice; therefore they have the right to say what they want about the subject matter, safe in the knowledge that is their opinion alone being portrayed.  The artist that painted ‘The Spear’, Brett Murray, created the piece as part of an exhibition that reflected his own discontent at the lack of major progress since the ruling African National Congress took power in South Africa after the end of Apartheid in 1994. Murray used his work to promulgate an idea that he has, allowing for others to see the art work for themselves and make up their own minds about President Zuma and the ANC. [1]  Art Galleries have a right to display any artist they feel will attract visitors as well showcase the forms of art that they believe is suitable. The Goodman Gallery saw no issue with Murray’s work to the extent that they prevented any particular works from being displayed. As it was their venue which was the setting for ‘The Spear’s display, The Goodman Gallery had the right to take decisions independently of external pressure. The removal of the exhibit sets a dangerous precedent whereby government can unduly censor artworks, threatening the free actions of artists and the galleries that display their work in turn affecting plural, democratic discourse. [2]  [1] Du Toit, ‘Artist Brett Murray explains why he painted ‘The spear’, 2 Ocean’s Vibe, 2012,   [2] Robins. P, ‘The spear that divided the nation’, Amandla, 2012,

negative: Not teaching poetry in schools opens the gate to eradicating all artistic and creative subjects from the curriculum, which means the entire population would be Spartan and philistines.  We want cultured people to graduate from high schools. It is undesirable that all high school graduates, who are an educated group of people, will have no knowledge of art and no desire to ever immerse themselves in anything cultural such as a museum, or art gallery. This is what will happen if poetry and other art subjects are not respected in schools. As it is, English literature is the only cultural subject that is compulsory at GCSE level. Because it is the only obligatory cultural GCSE subject, as much culture must be channelled into it as possible i.e. novels and much poetry.

negative: y political philosophy politics defence government house would impose democracy Even if individuals within a nation do not overtly support democracy, that does not mean that democracy does not serve their interests, and that they will not support it once it exists.  There are two reasons this might be true. First, individuals may be too scared to show support for democracy, for fear of repercussion. Second, individuals may not realize that they want democracy, but come to understand and appreciate it once it is there. Power analysis theory helps us understand how individuals are manipulated into supporting systems that work against their interests: for example anti-feminists during the early and mid 20th century, who accepted male dominance as a necessary and desirable fact of life. Thus, it may take some foreign intervention to create support for democracy. And, despite the fact that imposed democracy often does fail, there have been success stories (as well as Germany and Japan, less oft-cited examples, like Sri Lanka), suggesting that democracy can be imposed with the right strategy and under the right conditions.

negative: media modern culture pornography society gender family house believes feminist What is the difference between working as a pornographic artist and working as a street sweeper, or someone who unblocks the drains? Neither of those is an ideal job, and will rarely be a youth’s first career option. Both involve the use of my body for a sometimes unpleasant task. Yet one of them is considered dehumanising, and the other a valuable service to society. The fact is there is little difference between pornography and any other job. The comparison to prostitution is invalid: the key problem faced by prostitutes is the lack of security, since it is set in contexts that make them particularly vulnerable to violence and abuse.  In pornography, health and security risks such as STDs are addressed in many countries, and can be done so more: in California, for instance, porn actors are required to wear condoms on set. These problems can be tackled in the same way as is the failure to comply with regulations in any other industry. Non-consensual sex, violence, extreme pornography, and child pornography, are all illegal: the problems with pornography must go beyond these (Section 63 - Possession of extreme pornographic images). [1]  [1] “Section 63 - Possession of extreme pornographic images.” Criminal Justice and Immigration Act. 2008.

negative: traditions house believes compensation should be paid those who have had their Cultural appropriation is parallel to stolen intellectual property and should be treated in the same way.  There are high standards of global intellectual property laws such as copyright and patenting for things such as medicines, and creative designs. However, these laws only apply to a few areas so this proposal would effectively widen its remit by taking intellectual property as a template for what might be considered ‘cultural property’. Many minority communities, including the Native American Navajo tribe have had their names, designs, and culture stolen or misused and have not received compensation. This highlights the embedded systematic inequalities where justice may not be brought to those of minority cultures. Reparations, monetary or otherwise, should be paid in these cases as other case studies [1].  The closest this has actually come to happening is with the Native American Navajo community. They had their name printed and used on products such as underwear, dresses and hipflasks at the popular retail store Urban Outfitters [2]. There was outrage in the community and a 'cease and desist' notice was filed in court for the products to be recalled. In addition to this the Navajo tribe called for monetary reparations to compensate for the damage done in the name of their community however, this was not granted. As the Navajo name was copyrighted this case was made much simpler before the law – as we propose cultural property theft should be.  It is important to point out that many other communities which have been exploited previously have not copyrighted their name and so do not have this same opportunity [3]. This is important as with many cases, the outcome may have not resulted in anything further.  The practise of reparations should be used universally as it is disrespectful to misuse the names, symbols and property of other cultures without consent.  In a democracy where everybody is equal before the law, communities and individuals should be able to sue those for not giving recognition, or misusing cultural practises that have historic meaning and importance. Culture is embedded in communities with long standing traditions, theories and practises. This is evident as we do not (yet) have a single global culture, even though one might argue there is one slowly emerging.  [1] Schutte, Shane, ‘6 famous copyright cases’, realbusiness, 11th August 2014,   [2] Siek, Stephanie, ‘Navajo Nation sues Urban Outfitters for alleged trademark infringement’, CNN, 2nd March 2012,   [3] Johnson, Maisha J., ‘What is wrong with cultural appropriation; These 9 Answers Reveal Its Harm’, everydayfeminism, 14th June 2015,

negative: living difference house would ban music containing lyrics glorify Defending hip hop artists’ right to free speech  The intervention of the state is necessary in order to ensure that aggressive forms of hip hop remain accessible only to adults, especially in neighbourhoods and home environments that are not part of a cohesive, caring community. Some degree of public control over the content of hip hop will also help to preserve the diversity, accessibility of the genre in the face of commercial dominance by violent forms of rap.  Mainstream success in hip hop has become synonymous with gangsta rap, and with artists who have backgrounds that lend veracity to their lurid verses. However, many of these supposedly “authentic” experiences consist of little more than exaggeration and invented personas. When being interviewed about the controversial content of her son’s single “Fuck tha’ police”, the mother of rapper Ice Cube commented that “I don’t see [him] saying those curse words. I see him like an actor.”  The existence of pornography attests to the market for forms of media that fulfil base and simplistic human fantasies. Much the same can be said for the violent and cynical content of rap singles. Unlike the relationship between cinema and pornography, however, many commentators appear to regard gangsta rap as being synonymous with hip hop – a position as deceptive as a film critic claiming that all movies are inevitably tied to pornography.  The significant public profile and poor regulation of hip hop have meant that gangsta rap fans have become the genre’s dominant class of consumer. The amount of money that fans are willing to spend on singles, albums, concert tickets and associated branded goods means that labels that cultivate relationships with gangsta rappers have become the gatekeepers of the hip hop genre in general. “Conscious” rappers, who do not glorify violence, along with musicians working in other hip hop genres must work with labels that promote acts containing violent lyrics in order to publish their own music.  Either consciously, or by design, the terrain of contemporary hip hop is hostile to musicians who are not prepared to discuss “guns, bitches and bling” in their work. This constitutes a significant barrier to rappers ability to communicate novel messages and listeners’ ability to receive them. It could be called a market failure – the pervasive public presence of gangsta rap has effectively denied an audience to other rappers.  Classification has the potential to maximise the freedom and effectiveness of musical expression by hip hop artists who choose not to trade in brutality and misogyny.  The alternative is to allow hip hop to continue to be dominated by businesses such as Death Row Records, Low Life Records and Machete Music. This will lead to hip hop as a medium becoming inextricably linked with violent lyrics and the dubious businesses practices of gangsta labels’ bosses. Popular disengagement is much more likely under these circumstances, and will actively deny a voice, and opportunities, to musicians with a different perspective on hip hop.

negative: Musicians have, for some time, been awarded poet status. Early in his career Bob Dylan was described as being “as good as Keats [an early 19th Century British poet]." [7] Musicians must be allowed the chance to develop their poetic style and be recognized for their lyrical writing skills.  Rap gives the listener an insight into the plight of the artist. It shows the harsh conditions in which people live and gives a voice to those that we otherwise might not hear. William Blake’s famous poem ‘London’ is often described a social protest, a voice of discontent with the conditions of life in 1790’s London. Rap does the same thing; social protest, put to music, and designed to describe the racial and economic inequalities that exist within society. Rap, even with its sometimes offensive lyrics reflects the society the artist sees and it should be accepted as it is.  We must not judge the poetry on the basis of the poet’s life Dylan Thomas, Wales’ national poet, was an adulterer and an alcoholic. However, this does not make his poetry any less worthy.

negative: Fixating on personal lives results in infringing the rights of more than just the politicians themselves  Politicians, like all people, are not islands. They have loved ones and families. When a citizen chooses to offer him or herself up as a candidate for office he or she takes on many responsibilities. However, the politician’s family can never be considered to have wholly consented to the arrangement, even if they support them in the election. They are in many ways innocent bystanders, yet when politicians are treated as having no freedom of privacy, their families too are stripped of that right unjustly. [1] Thus, the right to privacy is worth protecting for politicians even if it could be shown that they had no real personal right to such respect. Rights exist in part to protect innocent parties, and the families of politicians are innocent, and would undoubtedly be prime victims of limitless media intervention. The recent ads produced by the National Rifle Association that target President Obama’s daughters and their security detail has dragged girls who did not choose to be the president’s daughters into the spotlight. [2] Additionally, the fear of scrutiny of family might well have a serious chilling effect on anyone who might seek public office, resulting in a worse candidate pool, harming everyone.  [1] Privacy International. “Privacy as a Political Right”. Index on Censorship 2010 39(1): 58-68.   [2] AFP, “White House slams NRA ad targeting Obama daughters”, Google News, 16 January 2013,

negative: Solid piracy will become as problematic as virtual piracy  Intellectual property law is split into copyright, design protection, patents, and trademarks. All areas can be easily infringed by 3D printing.13 There is no meaningful way of sustaining these laws against individuals who choose to use 3D printers to benefit from the hard work of others. Much in the same way one can steal music online, blueprints for products can be decoded or stolen and subsequently reproduced at almost no expense. It may be impossible to determine where this has been done.14 This is unjust in itself, but it also creates a large deterrent from innovating by removing the profit incentive. Corporations and individuals will be pushed away from creating high quality innovative products if they know their blueprints can be pirated and spread online for free or for less than they themselves charge, making their effort in creating them worthless.  [13] Gehl, Mary. “The Implications of 3D Printing”, Technology, Koinonia House. September 2012.   [14] Lawrence, Jon. “3D Printing: legal and regulatory issues”, Economic Frontiers Australia. 8 August 2013.

negative: Protections would benefit the economies of receiving as well as source countries.  Economic protections are not only good for the migrants themselves, but they benefit all countries involved. Migrants move from countries that have a lot of workers but not a lot work available, to countries with a lot of work available, but not enough workers. Migration is a market mechanism, and it is perhaps the most important aspect of globalization.  The growth of the world’s great economies has relied throughout history on the innovation and invention of immigrants. This is particularly the case in the United States, which is famously a nation of immigrants, where the architect of the Apollo program Wernher von Braun immigrated from Germany and Alexander Graham Bell the inventor of the telephone was born in Scotland. More recently immigration has been instrumental in the success of Silicon Valley co-founder of Google Sergey Brin is Russian born while the co-founder of Yahoo Jerry Yang came from Taiwan. [1] The new perspective brought by migrants leads to new breakthroughs, which are some of the most important benefits to receiving countries from migration. The exploitation of migrant workers that exists in the status quo creates tensions and prejudices that hamper this essential creative ability of migrants in the workplace.  Source countries are equally aided by migration. Able workers who would be unemployed in their home land are able to work in a new country, and then send money—“remittances”—back to their families. Migrants sent home $317 billion in remittances in 2009, which is three times the world’s total foreign aid, and in at least seven countries this money accounted for more than a quarter of the gross domestic product. [2] One of the important goals of migrant rights is to protect these remittances, and thus to protect the economies of source countries that require them to survive.  Irene Khan shows that migrant protections are important for everybody involved: "When business exploits irregular migrants, it distorts the economy, creates social tensions, feeds racial prejudice and impedes prospects for regular migration. Protecting the rights of migrant workers -- regular and irregular -- makes good economic and political sense for all countries -- whether source, destination or transit." [3] Both sides are likely to benefit more if migrants are welcomed and allowed to join the formal economy; they will be better able to work, they will pay taxes and national insurance to the host country and they themselves will be more secure so will be able to send more home. This benefit to the source state could be even greater if the benefits from paying national insurance were made portable and continue to be paid when they return.  [1] Marcus Wohlson, ‘Immigration chief seeks to reassure Silicon Valley’, USA Today, 22 February 2012,   [2] Human Rights Watch, "Saudi Arabia/GCC States: Ratify Migrant Rights Treaty," April 10th, 2003 ,  .  [3] Irene Khan, "Invisible people, irregular migrants," The Daily Star, June 7th, 2010 ,  .

negative: The future of poetry teaching looks dismal. It is falling into disrepute by citing rappers as modern day poets.  Given that the highly respected Royal Holloway University of London is one such institution that supports this, the future of poetry education and even poetry itself does not look hopeful. Sir Andrew Motion, Professor of Creative writing at Royal Holloway, University of London, specified that; "Poetry is a house of many mansions. It does pupils a disservice only to tell them things they already know. Rap has its own challenges and opportunities - but so do many other kinds of poetry, many of which are neglected in schools".1 Eminem has caused much offence and controversy over the years with his homophobic lyrics. This is just one example of why rap is not to be encouraged at all, let alone awarded a label of (so-called) "poetry". Rappers like him must not be promoted as great artists in the classroom. It is unthinkable that rappers who promote gun crime, drugs and degrade women should be given a platform and even promoted in classrooms. These are simply not the values education can possibly support. 1 Edwards, Paul, "Why rap should be taught in schools", Royal Holloway University of London, 28 January 2010, accessed 1 September 2011

negative: arts human rights thbt social disgust legitimate grounds restriction artistic Restriction based on social disgust prevents socially liberal ideas from flourishing  Great, socially liberal movements have always been controversial, and always been supported, encouraged and propagated by art. Art is a realm wherein an artist’s expression is less limited by social structures (like the necessity of pleasing your box; of being ‘commercially viable’). Subsequently it has easily, and often, been utilised as a means of changing public opinion.  Some of these movements, for example, the breaking down of stereotypes and norms surrounding sexuality (in particular female sexuality) and gender that Sarah Lucas, Tracey Emin and others contributed to in the liberalising 80s and 90s, attract social disgust. In any situation where a taboo is being attacked, this will happen. The converse however, is not the case: it is almost impossible to provoke social disgust by maintaining the status quo.  As a result, restriction of art that provokes social disgust will disproportionately attack the socially liberal, and thus help to maintain the status quo, regardless of whether it is worthy of such protection.

negative: Musicians have for some time been awarded poet status. The artist and their personal lifestyle choices can and must be regarded equally. Bob Dylan was originally described thus; "He sounded like a lung cancer victim singing Woody Gutherie. Now he's a Rolling Stone singing Emmanuel Kant" (page 36, Uncut Legends [magazine] #1: Dylan, September 2003). In 1992, he was described as "as good as Keats" (Ibid). If Bob Dylan can graduate from folk to electric to poet status, modern day musicians must also be allowed to follow suite; to gain the recognition they deserve and become similarly promoted. The poet and their personal lifestyle choices is separable from the poetry they produce. Dylan Thomas, Wales' national poet who is greatly and proudly upheld was an adulterer and an alcoholic. However, this does not make his impressive poetry any less credible. We must not sanitise all the great artists, but accept that the great art they offer as artists forgives them their wrongdoing as people. If we applied the policy of disregarding the art of every artist who has ever done wrong, we would soon lose many canonised ones and several of those who are held in very high esteem.

negative: living difference house would ban music containing lyrics glorify A ban will be ineffective  A new legal prohibition on any type of behaviour or conduct can only be set up by investing large amounts of political capital in order to transform vague proposals into a legislative document and then into a fully-fledged law. This expense can only be justified if the ban is effective – if it is seen as a legitimate use of a state’s power; is enforceable; and if it brings about some form of beneficial social change. The change being sought in this instance is a reduction in the violence, criminality and social disaffection that some people associate with hip hop music and its fans.  Laws do not create changes in behaviour simply because they are laws. It is unlikely that the consumers of hip hop will refrain from listening to it. The ease with which music can be distributed and performed means that any ban on violent songs will, inevitably, be ineffective. File sharing networks and cross border online stores such as eBay and Silk Road already enable people to obtain media and controlled goods with little more than a credit card and a forwarding address. The total value of all of the music illegally pirated during 2007 is estimated to be $12.5 billion. The same network of file sharing systems and data repositories would be used to distribute banned music if proposition’s policies became law.  Current urban music genres are already defined and supported by grassroots musicians who specialise in assembling tracks using minimal resources before sharing them among friends or broadcasting them on short-range pirate radio stations. Just as the internet contains a resilient, ready-made distribution network for music, urban communities contain large numbers of ambitious, talented amateur artists who will step into fill the void created by large record company’s withdrawal from controversial or prohibited genres.  Although a formal ban on the distribution of music has yet to happen within a western liberal democracy, similar laws have been created to restrict access to violent videogames. Following widespread reports of the damaging effects that exposure to violent videogames might have on children, Australia banned outright the publication of a succession of violent and action-oriented titles. However, in several instances, implementation of this ban led only to increased piracy of prohibited games through file sharing networks and attempts by publishing companies to circumvent the ban using websites based in jurisdictions outside Australia. Similar behaviour is likely to result in other liberal democracies following any ban on music with violent lyrics.  If banned, controversial music will move from the managed, regulated space occupied by record companies and distributors- where business entities and artists’ agents can engage in structured, transparent debate with classification bodies- to the partly hidden and unregulated space of the internet. As a consequence it will be much more difficult to detect genuinely dangerous material, and much harder for artists who do not trade in violent clichés to win fans and recognition.  As discussed in principle 10, effective control and classification of controversial material can only be achieved if it is discussed with a high specificity and a nuanced understanding of the shared standards that it might offend. This would not be possible under a policy that effectively surrenders control of the content of music to the internet.

negative: aw society family house would allow patenting genes Genes are intellectual property thus patentable  The patenting office stipulates that a successful patent applicant must have found something in nature, isolated it, and found a way to make something useful with it.The genome research of companies satisfies these criteria, so why should it be any different? The genome companies have invested resources to create intellectual property (patents), which refers to “creations of the mind.” Under US law includes intellectual property inventions, literary and artistic works, symbols, names, images, designs, and trade secrets. The law states, that any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent.” In biomedicine the patentable inventions include materials, such as new drugs or new cell lines, and methods for deriving or growing them, such as extraction or cloning techniques.1  1. Merz J., Mildred K., What are gene patents and Why are people worried about them ?, Community Genetics 2005

negative: p ip internet digital freedoms intellectual property house would use The graduate response policy constitutes an invasion of privacy by the state  Graduated response would require huge amounts of monitoring and logging of all internet traffic using technical systems called ‘deep packet inspection’ (DPI) equipment. This means that a computer program will look in close detail at all of the information someone sends over the internet in order to check whether it violates some protocol, for example a ‘fingerprint’ of copyrighted data that the content creator put in.  This means a copyright holder, or a third party paid by the copyright holder to monitor internet traffic, suddenly has access to everything every consumer sends over the internet. This is a massive violation of privacy. Given the fact that advertising companies are already using DPI illegitimately for targeted advertising, it is obvious that content companies will also feel tempted to ‘do more’ with all that data they suddenly have access to. [1]  [1] Angela Daly, ‘The Legality of Deep Packet Inspection’, 2010. Presented at the First Interdisciplinary Workshop on Communications Policy and Regulation 'Communications and Competition Law and Policy – Challenges of the New Decade', University of Glasgow 17 June 2010. URL for download:

negative: human rights international law politics government warpeace house would recognise The ICC's ability to prosecute war criminals is both overstated and simplistic. It has no force of its own, and must rely on its member states to hand over criminals wanted for prosecution. This leads to cases like that of Serbia, where wanted war criminals like Ratko Mladic are believed to have been hidden with the complicity of the regime until finally handed over in 2011. The absence of a force or any coercive means to bring suspects to trial also leads to situations like that in Libya, whereby Colonel Gaddafi is wanted by the ICC but the prosecution's case is germane if he manages his grip on power. Furthermore, it relies on external funding to operate, and can only sustain cases so long as financial support exists to see them through.

negative: A strong, consistent executive may be desirable in many cases.  Continuity and experience in leadership has real value. Experienced hands can be best for navigating the often-treacherous waters of politics, and such experience is especially necessary in the executive. Furthermore, the prospect of future tenure gives incumbent leaders the leverage to get things done. When there are no term limits, lame duck leaders are generally eliminated. The status quo undermines the ability of last-term leaders to act effectively, since members of the other branches of government, and the public, know they are on the way out and thus lack the same ability to enact policy. [1] Eliminating term limits allows leaders to make the most of every term they serve to enact policy. It also allows leaders to focus on long-term projects that might take more than the time allotted to them by their term limits. When considering the ascension of new leaders, it is necessary to consider that they will always take some time acclimating themselves to their new office, time that is thus not put to efficient use in governing. Constant changing of leadership brought about by term limits serves only to exacerbate this problem. In other words, leadership is like anything else—one gets better with experience. Additionally, lobbyists and powerful legislators will more easily exploit amateurish newcomers to leadership. Naiveté on the part of new leaders who are unused to the system will leave them vulnerable and exploitable. Continuity in leadership is especially important in times of crisis. For example, the United States needed the continuity and strength of Franklin Roosevelt during Great Depression, and later during World War II. Americans were willing to break with the tradition of presidents serving only two terms of office for the sake of that leadership. [2] Clearly, it is better to have a tried and tested leader in times of struggle than a potentially disastrous, untested newcomer.  [1] Green, Eric. 2007. “Term Limits Help Prevent Dictatorships”. America.gov. Available:   [2] Jones, Charles and Bruce MacLaury. 1994. The Presidency in a Separated System. Washington, DC: Brookings Institution Press.

negative: The Arts should be learnt on the job – it’s a craft  The idea that the best place to learn an artform is a classroom is fantastically modern. The idea of teaching them at all is fairly recent. If ever there were an example of ‘those who can, do; those who can’t, teach’, then it’s the arts. Novelists, poets, painters, dancers, composers, musicians and others have been learning from each other as they practiced their art for, quite literally, millennia.  Practitioners learning by doing has worked perfectly well for most of history and produced, for example, the extraordinary works of the renaissance or classical art mostly without the benefit of a university degree. All a degree in this area does is extend the period of delusion that an individual is good enough to cut it as a professional artist [i] .  [i] Goldman, Jeremy, ‘Actors dilemma: Theatre major vs. No theatre major’ USA Today, 25 June 2012.

negative: Bullys are frequently as disturbed and victimised as those they target  According to studies, bullies are often children who are plagued by their own problems: a troubled family situation, feeling of inadequacy, depression, or pressure to fit in [1] . Their bullying behaviour might just be a coping mechanism and a cry for help. These children might need as much support and care as those they bully. Putting them through the harrowing experience of a criminal trial, and potentially throwing them in prison will further damage them. Destroying one young life as retribution for another is a model of justice that should find no place in a compassionate society.  [1] Carroll, Linda. ”Kids with ADHD may be more likely to bully”. MSNBC. 29 January 2008.

negative: Social cohesion and hate speech  Laws combating discrimination- such as the blasphemy law that the proposition side are advocating- promote social cohesion and stability, both important policy objectives in increasingly mobile and cosmopolitan societies.  The United Nations General Assembly in 2006 argued “defamation of religions is among the causes of social disharmony and leads to violations of human rights.” (United Nations General Assembly, ‘Combating defamation of religions’, 2006). Coexistence between communities with radically different creeds, values and viewpoints needs to be carefully supervised in multi-cultural societies. Too often the uncertainty that accompanies migrant life can serve to inspire to give too much credence to the views of zealots and fundamentalists. To prevent communities deliberately isolating themselves from their neighbours; to prevent communal violence, it is necessary for the state to create an environment in which disputes can be resolved by impartial and properly trained prosecutorial authorities. Discrimination laws are instrumental to building peaceful social realities. They signify a welcoming society, in which it is unacceptable to offend entire segments of the population by debasing what they hold most precious.  Blasphemous statements have a power that reaches far beyond “ordinary” hate speech. Acts covered by this law would include intentionally provocative publications such as the cartoons of the prophet Mohammed that featured prominently in a Danish newspaper in 2005. These images led to widespread protests and violence in both western states and majority Muslim countries. The offensive content of the cartoons gave credence and legitimacy to sects and clerics espousing absolutist ideas that have no space for compromise or understanding. Further, the protests also brought individuals who would ordinarily have considered themselves moderates into contact with violent extremists. Neither of these outcomes does anything to promote a culture of free and frank discussion within the societies affected.  The legal measures that side proposition supports do not oblige free thinkers to remain silent in the face of zealotry and bigotry. However, they does require writers, journalists and artists to apply their reason and their sense to content that they want to publish for mass consumption. Much like laws that prevent the negligent operation of businesses, anti-blasphemy laws would set a minimal standard of responsible conduct in order to ensure that publications did not cause a dangerous level of offense to significant numbers ordinary and rational religious believers. Legal definitions and enforcement of standards of responsibility do not preclude individuals from pursuing dangerous or entrepreneurial business ventures or public works. They need not prevent the creation of controversial and challenging forms of free expression either.

negative: Creative arts graduates are rarely well rewarded  It is a simple fact that degrees in the Arts offer less earning potential than those in all other sectors (except Education and social work) [i] . As well as being an issue for the individual, this affects wider society, as those on lower incomes are more likely to become dependent on the state at some point in their life and are less well placed to stimulate other sectors of the economy through their own consumption.  The median earning figure across Arts degrees is, itself deceptive. The median in the US is $45,000 but this disguises the lower end of the scale, with 25% earning $30,000 a year or less.  Unlike education and social work which at least tend to have the consistency of a government salary, the Arts are also fantastically unreliable as an employment sector. Teachers and social workers may have comparatively low salaries but at least they can be assured of job security. The Arts offers low and unstable wages, frequently at an ongoing expense to the taxpayer, when the jobs exist at all.  As a result, encouraging the creative arts through university qualifications places both an initial and, potentially, ongoing cost on the rest of society. It also means that graduates are likely to be destined to long term financial instability because of a decision they made as a teenager.  It is difficult to see who benefits from such an arrangement.  [i] ‘Arts’, Georgetown University,

negative: This argument fails to take into account the costs of protecting endangered species and weigh them against the potential harms of them becoming extinct. In a world where only 5% of plant species have been surveyed for their potential medicinal value, [1] this means protecting the survival of the other 95% purely for the potential value that only a fraction of them may possess. All of this means denying development human development now, by not opening areas up for agriculture or not constructing housing. These are very real costs which impact upon peoples' lives, and may even outweigh those scientific and medical advances which may or may not be found in currently endangered species.  [1] Kurpis, Lauren. “Why Save?” EndangeredSpecie.com. Copyright 1997-2002.

negative: The minimum wage provides a baseline minimum allowing people to embark freely in the pursuit of happiness  Without a minimum wage, the lowest paid members of society are relegated to effective serfdom, and their decisions of these members often force others to follow suit, accepting similarly low wages. There is no real freedom of choice for people at this lowest level of the social structure, since they must accept whatever wage is offered in order to feed themselves and their families. Their poverty and desperation for work makes it much more difficult for them to act collectively to bargain for better wages. The minimum wage frees people from this bondage and guarantees them resources with which to make meaningful choices. [1] Without resources there can be no true choice, as all choices would be coerced by necessity. Because people’s choices are intrinsically interconnected, and wages tend to reflect the prevailing pressures of demand and supply, when an individual makes the choice to work for less than anyone else, he necessarily lowers the wage that others can ask, leading to a downward spiral of wages as workers undercut one another, each competing to prove he is worth the least. A minimum wage ensures workers do not harm each other through self-destructive wage competition. [2] What the minimum wage does to alleviate these problems is that it gives individuals the ability to pursue the good life, something that has become a global ideal. People want to be happy, and find that only way to obtain the resources necessary to attain comfort and security is through employment. Fundamentally, the minimum wage grants the freedom not to be exploited, giving individuals the freedom to control their own destinies.  [1] Waltman, The Politics of the Minimum Wage, 2000  [2] Hillman, Public Finance and Public Policy: Responsibilities and Limitations of Government, 2009

negative: th law crime policing law general house would fund needle exchanges Needle exchanges cause crime  Needle exchanges gather a large number of drug addicts into a single area. Many drug addicts are forced into criminality because of their addiction. Given that this is true, the needle exchanges serve to concentrate a large number of potential criminals in a small area. Not only does this increase crime in the area itself significantly, what is also manages to do is cause criminals to meet other criminals who they may not have interacted with before.  This can either lead to the aforementioned criminals working together and causing more problems, or it can lead to violence between rival criminals and their gangs.  Further, the simple gathering of criminals in a single area can also serve to attract other criminals to the same area to possibly reap benefits. This often comes in the form of prostitution, which thrives in areas of high crime and weaker police presence.1  1. Toni Meyer. "Making the case for opposing needle exchange". New Jersey Family Policy Council. November 16, 2007.

negative: living difference house would ban music containing lyrics glorify Hip hop is a diverse genre. The quote that opened this discussion is taken from a song by the English surrealist rapper Scroobius Pip. His albums cover themes entirely different from those found in “gangsta” rap. Similarly, artists such as MIA, Optimus Rhyme and the Wilcania Mob have used hip hop to discuss the conflict in Sri Lanka, computer games and life as a member of the aboriginal community in Australia. Each of these artists share a single common link. They all cater to a relatively niche market and have encountered little in the way of mainstream success.  Rappers who write lyrics about cynicism and aggression- from Slim Shady to JayZ- have recorded numerous number one tracks and attracted a wide range of industry accolades. In 2006 the founder of Death Row records, a major gangsta rap label, was found to have assets valued at $7 million. It is clear that rap discussing crime and violence is the dominant genre within hip hop. It is clear that there is a significant popular and public appetite for rap of this type.  As the comment opposite notes, there will always be a need for classification boards, as gratuitous or pornographic content will always form a significant part of the media landscape. Moreover, despite efforts to control access to such content, pornography and wilfully violent movies continue to make money. Hip hop appeals to a similar market – individuals seeking to indulge violent fantasies via the safe, sanitised environment of their iPod’s headphones, as discussed above.  There are no nuances of context and meaning to discuss in gangsta rap, only potentially damaging content that, at best, should be regulated and monitored.

negative: arts human rights thbt social disgust legitimate grounds restriction artistic Whilst it is the case in individual instances that, if one piece of art is censored, another on a different topic may be produced, when looked at in a wider context this is not the case. If we restrict artists in all cases where someone is disgusted, an enormous quantity of subjects will be off limits. This will have, not only a negative impact on that artist, but a deleterious effect on whole branches of art.  Further, restricting any art that could cause social disgust is an unreasonable restriction to place upon society (or gallery curators, or grant allocation committees). It is difficult to know at what point a piece will cross the line from simply ‘provocative’ to ‘disgusting’. Consequently, people will be forced to err on the side of caution, leading to an excessive caution and restriction: overcensorship.  When weighed against these harms, it is far from clear that individual disgust can be elevated to this extent!