query: Jurors are already aware of information which might ‘bias’ their verdict.  Jurors are frequently affected by media coverage of particular cases, which makes it almost impossible for them to remain impartial in the idealistic way which opposition naively believes possible. This creates a situation where the jury may be more affected by information which they have found out elsewhere – for example on the news or in newspapers – than the information which is presented to them in court. There have been some cases where jurors search the internet to find the backgrounds to their cases, despite the fact that this is not allowed [1] . This evidently reflects that jurors feel that they have not been adequately informed and so seek facts elsewhere. Given that this need has been reflected by the jurors themselves, the court should give jurors all possible information and bring previous convictions into the open to ensure that they can base their verdict on reliable fact presented in court rather than resorting to sensationalist media.  [1] Attorney General’s Office, ‘Juror convicted for internet research’, 23 January 2012.

positive: crime policing law general punishment society house would disclose previous If anything, this is an argument to prevent the media from publishing and details of a case or its defendant before the trial has been carried out, or from being more proactive and disqualifying jurors who ‘research’ their case before it comes to court. We should not endorse this kind of behaviour, which jurors know is not allowed, by legitimising it within court and announcing previous convictions. The harm of bias, particularly among those who would go out of their way to read about the personal history of a defendant, could be incredibly dangerous to the principle of a fair trial.

negative: crime policing law general punishment society house would disclose previous We already recognise that we cannot place complete trust in juries.  Although we recognise that juries can provide valuable insight and represent the will of the general public in court cases [1] (and especially the communities in which the crimes occurred [2] ), there is also recognition that juries can be subject to bias [3] . Britain has even suggested plans to restrict the right to trial by jury in order to prevent undue bias from affecting court cases [4] . Elsewhere, experts are debating over whether jurors should learn about ‘a victim’s sexual history in rape cases where the defendant asserts that the accuser consented to sex, or a victim's propensity for violence in murder cases where the accused claims self-defense’ [5] because of fears that it might cause juror bias. We do not grant ultimate knowledge to jurors, nor should we; it endangers the potential for an unbiased trial.  [1] Lawson Neal, and Simms, Andrew, ‘A People’s Jury of a thousand angry citizens’, The Guardian, 31 July 2011.  [2] New Jersey Courts, ‘Welcome to the New Jersey Court System’, judiciary.state.nj.us, 2011.  [3] Howard Nations, ‘Overcoming Jury Bias’  [4] Davies, Patricia Wynn, ‘Plans to restrict right to trial by jury condemned’, The Independent, 28 February 1997.  [5] Silverglate, Harvey A., and Poulson, Dan, ‘Getting Real at the SJC’, Massachusetts Lawyers Weekly, 30 May 2005 .

negative: eral philosophy political philosophy house would limit right trial jury some It may be necessary to limit trial by jury in cases where there is a real danger of jury tampering or intimidation.  It is very difficult to carry out trial by jury if people involved in the case continuously attempt to tamper with the jury, or unduly influence its decision. For example, the UK home office has stated that trying to protect jurors from tampering can be extremely disruptive to the jurors themselves, who may in extreme cases need police protection 24 hours a day. Cases involving international terrorism, drug smuggling or organized crime are the most likely to present such problems 1. In the infamous trial of Italian anarchists Vanzetti and Sacco, one of the jurors had a bomb thrown at his house, despite a huge number of security measures taken by the Massachusetts government 2. Another example is the 2008 case of a large armed robbery at Heathrow. After three mistrials, which cost £22m and the last of which collapsed after a serious attempt at jury tampering, it was decided that the case would be tried by a judge alone 3. If eliminating the jury is the only way to ensure that a) a trial occurs and b) jurors are safe, particularly when it is the defendants' fault that a fair trial by jury is untenable, it may be necessary to do so.

negative: crime policing law general punishment society house would disclose previous It is patronising to state the jurors cannot understand the difference between a conviction and an acquittal. However, knowledge of the defendant’s background might help to shed light on the case at hand and allow the jurors to view the wider picture when weighing up their verdict.

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 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: It is only fair where something inaccurate has been said to allow for a correction.  [i] The right of reply goes a long way in balancing the playing field – especially for private citizens who may not be able to afford recourse to the law. It is also simpler and quicker than protracted arguments in court. Finally it respects the readership as a group accepting that they are capable of making a decision over whose version of events is more likely to be accurate – the journalist or the respondent.  It’s a grownup approach to publishing, it acknowledges that newspapers don’t get everything right and embraces the idea that the goal is to convey accurate information – admittedly belatedly.  It’s inevitable that mistakes will be made in a world where newspapers are endlessly running up against deadlines and it is only possible to check so much as a result.  Instead of entering into protracted disputes or ignoring the rights of the injured party this allows for the readership to make the final decision [ii] . This can be true of either private individuals or public figures [iii] where, all too often, the issue is not the legal minutiae or exact phraseology of the article but the more general verdict of the court of public opinion.  [i] There is also a legally enforced right of reply in Korea, the Philippines, Finland and Brazil among others. By way of example, the full text of the Brazilian law (translated into English) is given here .  [ii] Journalism.co.uk. Matthew Gooding. Newspapers should print an obligatory right of reply says Max Mosley. 22 January 2010.  [iii] A good example of a case that became so complicated the original offence was lost in the haze would be this one . It is far from atypical.

negative: crime policing law general punishment society house would disclose previous While recidivism is obviously a problem, this motion fails to take into account any situation where an individual has previously committed a crime but is innocent of the crime going to trial. Given that conviction rates soar when previous convictions are disclosed [1] , this motion doesn’t rebalance the justice system to cater for the victims, but risks seriously prejudicing those who are innocent of the crime going to trial. A wrongful conviction is just as bad as a wrongful acquittal; the prejudicial effects on the jury’s ability to make a verdict [2] undermines the objectivity of the justice system, and seriously risks the possibility of a fair trial.  [1] The Economist, ‘Tilting the balance’, 2 January 2003.  [2] The Economist, ‘Tilting the balance’, 2 January 2003.

negative: eral philosophy political philosophy house would limit right trial jury some Judges are better at delivering justice than juries are.  Juries are not technically trained in evaluating evidence.1 Additionally, judges are trained to recognize and suppress their own prejudices, evaluate information given to them, recognize prosecutorial strategy etc., better allowing them to make objective decisions. Furthermore, some studies suggest that juries actually work against the innocent; a 1979 study found that "more than 5 per cent of defendants found guilty by juries were considered by professionals to have been convicted in questionable circumstances."2This is hardly surprising given that jurors are ordinary citizens who are forced to sit through what are often dull and protracted trials, and who may have little interest in actually listening to what is being said (Joanne Frail, a juror convicted for contempt of court stated that she 'drew more than she wrote [during the trial]').3 Perhaps we should trust in the expertise of screened and trained justices instead.  1Sir Louis Blum Cooper QC, "A Judge Can Do the Work of 12 Amateurs, and Better  2Baldwin and McConville, "Jury Trials"  3BBC, "Juror Admits Contempt of Court Over Facebook Case"

negative: While algorithms may filter out content which does not normally appeal to a particular reader the internet itself does not block access to any information, if someone wishes to seek out another view on a topic it can be easily found by changing a search term. The idea that having news personalized behind the scenes makes online news less trustworthy is a weak proposition as the personalization constantly changes along with the users unlike inflexible newspapers chasing particular demographics.

negative: eral philosophy political philosophy house would limit right trial jury some It may be necessary to limit trial by jury in cases where it is impossible to recruit an impartial jury.  Especially in cases of nationalist conflict or terrorist attacks, it may be extremely difficult to have a non-biased jury. In Northern Island, for example, jurors may sympathize with violent offenders and acquit them despite a preponderance of evidence. Similarly, it can be a struggle to appoint non-biased juries for terrorism trials post 9/11. In 2003, the "Lackwana Six" were accused of aiding a foreign terrorist organization. The magistrate noted that "Understandably, the infamous, dastardly and tragic deeds and events of September 11, 2001 have caused a maelstrom of human emotions to ... create a human reservoir of strong emotional feelings such as fear, anxiety and hatred as well as a feeling of paranoia... These are strong emotions of a negative nature which, if not appropriately checked, cause the ability of one to properly reason to ... be blinded." Questions about jury impartiality have been raised in multiple similar cases, even leading some defendants to claim that they pled guilty out of resignation that the jury would inevitably be biased and refuse to acquit.1 The implication is that in some trials, juries may be unable to make impartial decisions, thus making the trial unfair. The only way for justice to be done, in such cases, is to allow a judge to decide the verdict.  1Laura K. Donohue, "Terrorism and Trial by Jury: The Vices and Virtues of British and American Criminal Law"

negative: Open expression  If ever there were a situation where free expression should be assumed, this is surely it. Where no harm can come of knowing something (Prop appears to accept this by saying the outcome can’t be changed) what possible reason could there be suppressing the information? [i] The only possible reason would seem to be that it is more convenient for that small group of people, those currently both living and powerful, that the true details of past events not emerge.  If this is the case then the other arguments for free speech come into play, particularly its role in holding the powerful to account.  Either way, proposition loses; if it’s just the minutiae of bygone times, then why not release it, if it’s the stuff of modern day political discourse then the failure to publish it is tantamount to tyranny. To take oppositions own example will learning that Churchill wanted Hitler’s lieutenants executed without trial will this really affect people’s opinions of Churchill? It seems unlikely, many would have similar opinions in the same situation and will be able to understand Churchill’s position.  [i] This principle – that all things being equal there should be a presumption in favour of publication – has been argued in different ways in different countries. A useful example is the US Supreme Court Ruling in the matter of the New York Times vs The United States.

negative: law general house would place cameras courtrooms televise court cases Putting this kind of pressure on the judiciary and lawyers does not have the same kinds of benefits that it might in the House of Commons. Politicians often focus on, and are expected to uphold, the general interest of the public, which is why having public access to televised debates is an incentive for them to push those interests through as far as possible. However, the rule of law does not always correlate to public opinion. Particularly in high-profile cases, the public may wish to see the accused given the harshest sentence possible; however, this might not be the legally correct sentence to give in those circumstances. Public outrage has been known to tamper with judicial verdicts in places such as India [1] , and is damaging to the principle of a fair trial.  [1]  , accessed 06/08/11

negative: crime policing law general punishment society house would disclose previous Occasional disclosure of convictions leads to an inconsistent justice system.  At present in Britain, some previous convictions may be disclosed if they bear a striking resemblance to the case at trial, if the defendant falsely claims to be of good character, or if they attack the character of a prosecution witness [1] . However, different judges invariable interpret these criteria in different ways, which leads to a wavering standard of trail where previous convictions may or may not be revealed. It would be much more efficient and transparent to allow this motion and make court procedures more accessible.  [1] The Economist, ‘Tilting the balance’, 2 January 2003.

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: 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: eral philosophy political philosophy house would limit right trial jury some First, there are checks in place to help prevent biased decisions and second, the less objective nature of juries is not necessarily bad. First, in most jury systems, a judge can overturn a guilty verdict if s/he believes that the jury made a faulty decision1. Judges can also order retrials in cases of guilty verdicts, if they believe there were procedural errors. Furthermore, in most countries there is a phase of the jury selection process in which both the prosecution and defence can object to a juror; in many countries each side gets a specific number of these unconditional 'peremptory challenges.' That allows blatantly biased jurors to be excluded. Perhaps most importantly, at least with juries there are multiple people making the decision, as opposed to a sole judge: there is no reason to assume that a lone judge will be less biased, just because of his 'professional training.' But second, having a subjective body making the decision is not necessarily bad. We obviously don't want people to be swayed by unchecked prejudices, but one of the points of having a jury is that it allows all parts of the community to participate in the judicial process and provide input that disconnected and often homogenous government officials cannot. For example, the Diplock courts established in 1970s Northern Ireland eliminated juries, and along with them, jury bias. This resulted in higher conviction rates for violent offenders, but also had the negative effect of excluding the Catholic minority from the administration of justice (and judge bias remained, as evidence by the failure of the courts to eliminate the gap between Catholic and Protestant conviction rates).2  1Andrew D. Stine, P.A. "Can a Judge Overturn a Jury Vedict?"  2Laura K. Donohue, "Terrorism and Trial by Jury: The Vices and Virtues of British and American Criminal Law"

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: If public bodies do not have an obligation to publish information, there will always be a temptation to find any available excuses to avoid transparency.  The primary advantage of putting the duty on government to publish, rather than on citizens to enquire is that it does not require the citizen to know what they need to know before they know it. Publication en masse allows researchers to investigate areas they think are likely to produce results, specialists to follow decisions relevant to their field and, also, raises the possibility of discovering things by chance. The experience of Wikipedia suggests that even very large quantities of data are relatively easy to mine as long as all the related documentation is available to the researcher – the frustration, by contrast, comes when one has only a single datum with no way of contextualising it. Any other situation, at the very least, panders to the interests of government to find any available excuse for not publishing anything that it is likely to find embarrassing and, virtually by definition, would be of most interest to the active citizen.  Knowing that accounts of discussions, records of payments, agreements with commercial bodies or other areas that might be of interest to citizens will be published with no recourse to ‘national security’ or ‘commercial sensitivity’ is likely to prevent abuses before they happen but will certainly ensure that they are discovered after the event [i] .  The publication of documents, in both Washington and London, relating to the build-up to war in Iraq is a prime example of where both governments used every available excuse to cover up the fact that that the advice they had been given showed that either they were misguided or had been deliberately lying [ii] . A presumption of publication would have prevented either of those from determining a matter of vital interest to the peoples of the UK, the US and, of course, Iraq. All three of those groups would have had access to the information were there a presumption of publication.  [i] The Public’s Right To Know. Article 19 Global Campaign for Freedom of Expression.  [ii] Whatreallyhappened.com has an overview of this an example of how politicians were misguided – wilfully or otherwise can be found in: Defector admits to lies that triggered the Iraq War. Martin Chulov and Helen Pidd. The Guardian. 15 February 2011.

negative: law general house would place cameras courtrooms televise court cases Video footage of a court case would provide valuable information for both defendant and judiciary.  If the defendant is convicted of a crime, they have a right to appeal in the UK [1] and US [2] . However, this is made difficult for another court to re-assess the conviction if they cannot know how reliable evidence was in the first trial. Without film recordings of court trials, judges who have the duty to re-examine the case are unable to see witness testimonies; though new evidence does sometimes come to light during the course of an appeal [3] , it would be easier to assess this new evidence if the judges also had knowledge of how the first trial went. If the judges could watch a video of the first trial, they could judge the demeanour, body language and general impression given by each witness in the first trial. Body language can affect a court’s perception of a witness [4] , but this information could not be gained by a transcript. However, this evidence may be important for a new verdict to be reached.  [1]  , accessed 18/08/11  [2]  , accessed 18/08/11  [3]  , accessed 18/08/11  [4]  , accessed 18/08/11

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: As newspapers are funded by private companies they can be accused of avoiding to publish information which may damage their revenue streams, independent bloggers often do not have this issue so can be much more free in what they publish which is ultimately good for democracy. In addition to this journalists may vastly distort the truth in their reporting in order to satisfy advertisers which seek certain demographics, whereas independent bloggers do not have this concern.  A consequence of online freedom is of course that anyone can publish anything but it should be down to the reader to decode what has been blogged and make up their own mind as to its accuracy, it is demeaning to suggest that consumers of news information are simply passive consumers.  Professional journalists, even when based in an official setup and with a code of ethics, are not entirely guilt free in regards to publishing inaccurate information either, there are many instances where false information has been published, for example many journalists reported the potential link between MMR (Measles, Mumps and Rubella) vaccination and Autism in a sensationalized way which did not entirely relate to the research and which, as a result, caused a huge number of children not being immunized 1. Perhaps the most famous recent example where journalists have behaved unethically is the phone-hacking scandal in the UK 2.  To call blogs ‘parasitic’ is also insulting and unfair. Many of them do their own research and cover issues not in the mainstream media. It’s not unique to blogging to discuss the work of others, and indeed many newspapers do so 3 So what’s the difference?  1 Deer, B. (2011) The MMR-Autism Scare: An Elaborate Fraud. [online] [accessed 13th June 2011]  2 BBC, (2011) Phone Hacking: US Senator Calls for News Corp Probe [online][accessed 2nd September 2011]  3 Online Journalism Review (2007) Are blogs a 'parasitic' medium? [online][Accessed on 2nd September 2011]

negative: Vast improvements in the technology of crime-solving have occurred in recent times to ensure that defendants brought to trial are done so appropriately. DNA testing, voice identification technology, facial mapping techniques that reveal faces beneath masks - all can now solve cases and show guilt in individuals whose escape from punishment occurred only because of a lack of satisfactory evidence. For example, In 1963 when Hanratty stood trial for the A6 murder (a gruesome offence where the abused victim was shot in her car and left to die on the motorway), semen stains on the victim's underwear could not be investigated using the technology of the day1. He was convicted anyway on the facts, but if he hadn't been, and thanks to advances in technology the sperm turns out later to be his (as it has), shouldn't we use that evidence to obtain justice for those concerned? Some evidence couldn't possibly have been used at the time of trial, because the technology doesn't exist. Looked at now, it could demonstrate conclusive guilt. If such evidence exists, isn't there a compulsion to use it?2 How can we ignore it?  1 Foot, P. (2000, July 25). Hanratty was innocent. Retrieved May 12, 2011, from Guardian: 2 The Independent. (2002, July 18). The abolition of double jeopardy will undermine confidence in British justice. Retrieved May 11, 2011, from The Independent:

negative: What is a fact – there are few circumstances where this would be of significance.  The line between factual inaccuracy and opinion is pretty slim. What about “Far right politician” statement or comment? The difficulty is that most publications work on the basis that there is a narrative that is already understood in order to function. It’s simply impossible to give the full backstory to everything that goes into print [i] .  The only way to avoid newspapers being constantly full of replies to irrelevant data would be to give a far broader right of reply to the opinions presented or the conclusions draw – the actions where journalism really has its power. Many newspapers already do this out of professional courteousy and respect for the truth, for example the guardian has a ‘Response’ column in its Comment is free section. [ii] The scandal sheets which offer no such facility seem to have only the most tangential reliance on evidence at the best of times so it is unclear how such a law would affect them as they would be likely to resort to assertion even more than they currently do.  The idea of a right of reply is fine in theory but, in reality, it is difficult to see how it would have any real impact on the day to day working of the press. This concern comes before any consideration of how it would work in relation to the more pervasive media of broadcast and online news outlets – or is this punishment to be reserved as the last nail in the coffin of the printed press?  [i] Article III. Jun Bautista. A Right of Reply” Law Violates Press Freedom. 9 February 2009.  [ii] The Guardian, Response

negative: eral philosophy political philosophy house would limit right trial jury some It may be necessary to limit trial by jury in terrorism cases, or other cases surrounding large national security issues.  There are three reasons why this is the case. First, terrorist groups may threaten jury members (see Argument 2 for more detail). Second, terrorism may politicize the jury (see Argument 3 for more detail). Third, the state may be limited in what information it can provide if jurors are present. The government may be unable or unwilling to present classified information for fear of intelligence leaks; for example if it does not want to reveal intelligence methods and sources to the public. This reluctance may make it very difficult to prosecute terrorists. The implication is that the unique national security issues terrorism trials pose may make juries untenable if we ever want to convict terrorists of serious crimes.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 Defendants who are innocent will be protected  This motion could allow innocent defendants to mount a stronger case. This is because, if allowed, the previous convictions of prosecution witnesses would be admitted as evidence. In this case, if a prosecution witness falsely claims good character in opposition to the defendant, any falsity could be more easily seen and weighed by the jury. This solves a problem under that status quo where ‘the threat of introducing his [the defendant’s] previous convictions will frequently inhibit him from introducing character evidence about the prosecution witness’ [1] ; fear that the defendant’s convictions may weigh against them where the prosecution witness remains untouchable creates a discrepancy in the justice system. However, if convictions on both sides were to be revealed anyway, then neither can falsely claim the character of the other and attempt to convince the jury of false information on this front.  [1] CPS, ‘Justice for all’, The Stationary Office, July 2002.

negative: Countries which do not allow intercept evidence have created a contradictory, rather than transparent, set of legal boundaries.  Britain in particular seems to hold a paradoxical set of values in relation to intercept evidence. For example, British courts have allowed intercept material which has been lawfully obtained by foreign police forces. One notable example of this was the conviction of the Merseyside drugs squad chief Elmore Davies when it was discovered that he had a corrupt relationship with drug baron Curtis Warren [1] . The information which led to his conviction was collected on Dutch mobile phones by the Dutch police force, despite the fact that some of the conversations took place wholly within the UK. However this – bizarrely – was allowed as evidence in a British court [2] , despite the systematic rejection of intercept evidence in other cases. When a country seems to recognise and even capitalise on the potential of intercept evidence in some cases but simultaneously reject it in others, the result is inconsistent legal standards which damage accountability and transparency of the entire state.  [1]  , accessed 30/08/11  [2]  , accessed 30/08/11

negative: eral philosophy political philosophy house would limit right trial jury some Trial by jury is a fundamental right and should never be abridged.  Trial by jury is an essential check on abuse in the court system for three main reasons. First, it prevents governmental oppression by ensuring that non-state actors determine guilt 1. It is dangerous to allow the government—the same body which makes and enforces the laws—to also decide who is guilty of breaking the laws. Second, it checks against corrupt judges and prosecutors2. Judges are only human, and are susceptible to the same weaknesses, like prejudice and corruption, as the rest of us. Consequently, it is very dangerous to put the future of defendants in their hands. A representative group of jurors, approved by both sides, is far less likely to reach an unjust decision, since they are generally required to reach unanimous decisions to convict, and it is unlikely that an entire jury will be made up of biased, corrupt, or negligent people. Third, trial by jury allows for community input in the justice system (see Opp Argument 4 and response to Prop Argument 3 for more explanation). Thus trial by jury is essential to ensuring that innocent individuals are fairly treated, and is a fundamental right which ought never be denied. As Chairman of the Criminal Bar Association Paul Mendelle QC said, "Some principles of justice are beyond price. Trial by your peers is one of them."3  1.Robert P. Connolly, "The Petty Offence Exception and Right to a Jury Trial"  2.Robert P. Connolly, "The Petty Offence Exception and Right to a Jury Trial"  3.Clive Coleman, “Debating non-jury criminal trial”

negative: Protecting the past  There is a simple case of natural justice in protecting the decisions and reputations of those who have served the state and can no longer speak for themselves [i] . The same applies to events, for better or worse political or military disputes that were settled fifty or a hundred years ago are best left like that, settled.  All nations have moments in their histories that are unlikely to reflect that country at its best but we judge our own nations and others on a balance of the broad sweep of history rather than the grubby minutiae of particular events.  By its nature the historical record will always be incomplete – silent on motivations of those involved or the particularities of individual decisions as we can never know everything and not all decision making processes are recorded. We already know the overall outcomes of, for example, wars or elections. It would be impossible to change those results by discovering that they were not handled as one might have wished. Neither is their much to be gained in despoiling the characters of those involved – national psyches need their heroes and villains, making either of them more human in both senses of the phrase adds little and could distract much. For example do we really need to know that Churchill opposed the Nuremburg trials instead favouring execution without trial for senior Nazi leaders? Does it diminish Churchill’s greatness or undermine the results of the Nuremburg trials? No. [ii]  [i] BBC News Website. Secret papers face faster release. 29 January 2009.  [ii] Cobain, Ian, ‘Britain favoured execution over Nuremberg trials for Nazi leaders’, The Guardian, 26 October 2012

negative: privacy house would not allow companies collectsell personal data their It is simply not true that people are bothered by their personal information getting out, or at least they are unwilling to do anything about it. In a recent survey 85% of respondents said they were aware that they were being profiled by advertisers as they browse the Internet. [1] They know that this data is what companies use to enable sophisticated advertising directed at them and to determine what the market wants. While some people feel it a bit disconcerting that their computer seems to know what might interest them, as in the case with targeted advertising based on personal search data, many others have found that the targeted advertising has made the seeking out of desired goods and services far easier. Also, a policy of disclosure such as that mandated in the EU might be employed in which services inform users that their data will be collated and give them the option to leave the site before this occurs so as to ensure that individuals really are aware.  [1] Ives, D., “Anonymizer, Inc. Survey Finds Most Consumers Confused About Online Safety Measures”, Anonymizer, 19 October 2010,

negative: It is frequently useful to see the general approach of a public organisation as reflected in routine discussions. Opposition is wrong to suggest that such information would only cast a light on ideas that were never pursued anyway so they don’t matter. It would also highlight ideas that agencies wanted to pursue but felt they couldn’t because of the likely impact of public opinion, knowing such information gives useful insight into the intentions of the public agency in question.

negative: There is a sense of natural justice that corrections should come in this form rather than a tiny note.  In many countries corrections or clarifications in newspapers are buried away in the depths of the middle pages and are unlikely to be spotted by anyone other than the most ardent reader. Not only does this defy natural justice but having the correction prominent hits a newspaper for making mistakes as it loses space for a story that would attract both readers and advertisers.  It’s not unreasonable to expect journalists to get the information right first time – that is, after all, their job. Building an entire case on the basis of a misunderstanding, as the Daily Telegraph did recently on the basis of misinterpreting data for fish stocks, [i] can be incredibly misleading and when the correction to it is impossible to find, that misunderstanding remains in the mind of the readers. Once that is multiplied by blog entries comments to others and so on, the retraction would need to be a sizable news story in its own right to correct the misunderstanding.  Where mistakes are made and repeated from wire services or promoted as gospel in local – often poorly resourced – newspapers, the impact on someone’s reputation can be considerable. It’s only fair that their megaphone correcting it should be just as large as that used in the first place.  [i] BBC Website (commenting on a Daily Telegraph article). Hannah Barnes and Richard Knight. North Sea Cod: Is it true there are only 100 left? 30 September 2012.

negative: It is perfectly easy to rule on what is positive and negative. It is true that some positive broadcasts might be meant to play up the strengths of one candidate, precisely because that’s where his opponent is weakest – but that approach still represents an improvement on the current situation, where the majority of campaign media focuses on the flaw of a candidate’s rivals.  Subjectivity has no role to play in the verification of objective facts. Currently, many campaign adverts are based around misrepresenting the content of an opposition candidate’s policies, or making far-fetched connections between negative social or economic trends and bills that a particular candidate voted in favour of.  Questioning the objective distance of the body that would enforce the rules created by the resolution is also ineffective. Judges are appointed based on their ability to analyse and sift complicated arguments based on disputed or compromised sets of facts. There is no reason to assume that similar principles of neutrality and respect for the separation of powers within a democratic state would not also apply to reformed election laws


query: 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

positive: ure media television law international law house opposes televising all criminal Few people would actually watch the entirety of the trial proceedings, most would probably just see clips of the footage of news reports; television news coverage of criminal trials can already take place without actual footage.  While televising trials will engage the victims and their families, televising a criminal trial may inflame tensions as well. During the trial of Saddam Hussein, Hussein made a number of calls to violence during his televised trial. Many of those who are on trial have a significant number of followers (see the widespread support for Uhuru Kenyatta) – television broadcasts would give them a means of communication

negative: crime policing law general punishment society house would disclose previous The current system is unfairly weighted in favour of criminals.  It is unfair that those who repeatedly re-offend should be treated in the same manner as those who have committed one offence; a singular offence could mark a mistake or accident in the defendant’s choices, but repeated criminal acts mark a habit and a lack of regret for past crimes. Failing to take past convictions into account can lead to many dangerous offenders being underestimated by the jury, and so released. This is particularly pertinent in cases of child molestation, where child molesters have a particularly high rate of re-offending – expected to be even ‘larger than the reported 50 per cent’ - but ‘only a small proportion of sexual offences against children result in a conviction’. This conviction rate, however, does rise for ‘those with a history of prior sexual offences’ [1] .  Under the current conditions, this system is unfairly weighted against the innocent victims of repeated crime. A higher conviction rate, informed by the knowledge of previous offences, helps to reach justice for these victims and their families, as well as promoting justice and the safety of the general public who find it frustrating that so many dangerous offenders are released without appropriate conviction [2] . Moreover, jurors themselves lose confidence in the justice system when they find out that they have just acquitted a defendant who has committed a similar crime before. One notable example of this was series of trials of Kirk Reid, who committed many sexual assaults against women including several instances of rape and who was ‘wrongfully acquitted’ of his first offence in 1996. Not only did his victim lose all sense of hope in the justice system – she had faced her attacked and been discredited – but one of the jurors at the trial who believed that he was guilty went on to criticise the justice system itself [3] . The current system seriously risks acquitting criminals who have already committed similar crimes; it is time to rebalance the justice system to acknowledge the needs of the victims who suffer through wrongful acquittal of their attackers.  [1] Victims of Violence, ‘Research – Protecting Children from Sexual Abuse’, 28 February 2011  [2] Hughes, David, ‘Sex offenders to lose right to get out of jail early’, The Daily Mail  [3] Lette, Kathy, ‘For sexual assault, justice is on trial’, The Guardian, 1 July 2010

negative: Abolishment of the rule would restore faith in the justice system  When we see people still unpunished for offences in society they've clearly committed, it damages our faith in the justice system. Our bargain with the state entails the state's right to judge the individual because the state protects the individual: if our attackers roam the streets because an arbitrary legal rule exempts them from prosecution despite clear guilt, then that system has broken down. When Jennifer McDermott witnessed her daughter's murderer get convicted at a re-trial, she described it as a 'victory for everyone who feels let down by the justice system.'1 Victims deserve such justice and it is an insult to them, and all of us, to see their persecutors go free. As a Home Office spokesman stated when England overturned the double jeopardy ban, 'it is important the public should have full confidence in the ability of the criminal justice system to deliver justice.'1 Justice is only applicable when the perpetrators remain within the arm of the law; double jeopardy prevents this.  1 BBC News a. (2009, May 21). Cleared man admits killing woman. Retrieved July 15, 2011, from BBC News: 2 BBC News. (2005, April 3). Double jeopardy law ushered out. Retrieved May 12, 2011, from BBC News:

negative: Such restrictions on double jeopardy would not be effective in practice, for they attempt to put a value on the relative importance of crimes without using either the prospect of re-offending or the impact on victims. As QC Geoffrey Robertson noted in response to the Law Commission's finding, it is irrational to confine the possibility of re-trials to 'serious crimes' alone and exclude "repetitive, professional" crime like armed robbery. If the intention of the repeal is to bring both offenders to justice and prevent further crime, it is exactly the 'repetitive, professional' criminals who should be targeted.

negative: Abolishment of double jeopardy would ensure the guilty do not escape punishment  The problem with the 'double jeopardy' rule is that people who are clearly guilty - because new evidence has emerged, because they've confessed - are not being punished for crimes they have committed. We believe that guilty people should be punished for their crime, and our justice system should be tailored to allow that. In 2009, a footballer in London confessed to murdering his ex-girlfriend at a re-trial after fresh evidence was found to overturn the original verdict1; under previous double jeopardy laws in Britain, the murderer would have remained free. We have as great a duty to ensure miscarriages of justice are not perpetrated on victims as on accused. An offence committed ten years ago does not cease to be an offence because time has passed, or because the perpetrator has managed to evade justice in the past. The criteria by which the decision to charge an individual is taken ought to be likelihood of guilt, not whether or not they have had a trial before. 1 BBC News a. (2009, May 21). Cleared man admits killing woman. Retrieved July 15, 2011, from BBC News:

negative: crime policing international law house believes icc should have its own enforcement What price justice? The ICC has been supported by a large number of states who accept that, while it does cost money, the ICC is the only effective way to bring war criminals and those who commit crimes against humanity to trial, provide them with a fair trial and sentence them appropriately. If that is the goal, states should be willing to finance means towards it. While the ICC’s existing budget of over €100M is substantial, it is dwarfed by, for example, the £4bn budget of London’s Metropolitan Police. In such context €100M is not a large amount to pay to bring international criminals to justice. The people the ICC pursue often engage in widespread destruction, apprehending them quickly may actually save rather than cost money by preventing such damage.

negative: Article 98 Agreements are a crucial tool in maintaining American national sovereignty  As a key part of its national sovereignty, the US should not be required to have its citizens subject to the ICC if it does not ratify the treaty itself of its own choice. It is an accepted principle, as enshrined in Article 34 of the Vienna Convention on the Law of Treaties, [1] that a treaty only binds the states that have consented to it. Binding citizens of states who are not parties, who may be acting under the orders of a state arm, such as a military, when in the territory of state parties, violates that state’s sovereignty. There have been attempts to put US soldiers on trial. Italy for example put Mario Lozano on trial for the killing of an Italian agent in Iraq, the US maintained he was doing his job at a checkpoint and provided warnings while the Italians considered it murder. In this case the United States was able to refuse to hand the soldier over but BIA’s ensure that such actions will not be a concern whenever troops are deployed abroad. [2]  Bilateral Immunity Agreements are a legitimate tool to ensure that this key principle is protected in the case of the International Criminal Court – this has no bearing on the nations that desire to be part of the International Criminal Court.  [1] United Nations. Vienna Convention on the Law of Treaties, 23 May 1969,   [2] “Controversial Trial Opens in Rome: Italy Tries US Soldier For Iraq Murder”, Spiegel Online, 17 April 2007,

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: crime policing law general punishment society house would disclose previous We already recognise that we cannot place complete trust in juries.  Although we recognise that juries can provide valuable insight and represent the will of the general public in court cases [1] (and especially the communities in which the crimes occurred [2] ), there is also recognition that juries can be subject to bias [3] . Britain has even suggested plans to restrict the right to trial by jury in order to prevent undue bias from affecting court cases [4] . Elsewhere, experts are debating over whether jurors should learn about ‘a victim’s sexual history in rape cases where the defendant asserts that the accuser consented to sex, or a victim's propensity for violence in murder cases where the accused claims self-defense’ [5] because of fears that it might cause juror bias. We do not grant ultimate knowledge to jurors, nor should we; it endangers the potential for an unbiased trial.  [1] Lawson Neal, and Simms, Andrew, ‘A People’s Jury of a thousand angry citizens’, The Guardian, 31 July 2011.  [2] New Jersey Courts, ‘Welcome to the New Jersey Court System’, judiciary.state.nj.us, 2011.  [3] Howard Nations, ‘Overcoming Jury Bias’  [4] Davies, Patricia Wynn, ‘Plans to restrict right to trial by jury condemned’, The Independent, 28 February 1997.  [5] Silverglate, Harvey A., and Poulson, Dan, ‘Getting Real at the SJC’, Massachusetts Lawyers Weekly, 30 May 2005 .

negative: eral philosophy political philosophy house would limit right trial jury some Trial by jury is a fundamental right and should never be abridged.  Trial by jury is an essential check on abuse in the court system for three main reasons. First, it prevents governmental oppression by ensuring that non-state actors determine guilt 1. It is dangerous to allow the government—the same body which makes and enforces the laws—to also decide who is guilty of breaking the laws. Second, it checks against corrupt judges and prosecutors2. Judges are only human, and are susceptible to the same weaknesses, like prejudice and corruption, as the rest of us. Consequently, it is very dangerous to put the future of defendants in their hands. A representative group of jurors, approved by both sides, is far less likely to reach an unjust decision, since they are generally required to reach unanimous decisions to convict, and it is unlikely that an entire jury will be made up of biased, corrupt, or negligent people. Third, trial by jury allows for community input in the justice system (see Opp Argument 4 and response to Prop Argument 3 for more explanation). Thus trial by jury is essential to ensuring that innocent individuals are fairly treated, and is a fundamental right which ought never be denied. As Chairman of the Criminal Bar Association Paul Mendelle QC said, "Some principles of justice are beyond price. Trial by your peers is one of them."3  1.Robert P. Connolly, "The Petty Offence Exception and Right to a Jury Trial"  2.Robert P. Connolly, "The Petty Offence Exception and Right to a Jury Trial"  3.Clive Coleman, “Debating non-jury criminal trial”

negative: crime policing law general punishment society house would disclose previous While recidivism is obviously a problem, this motion fails to take into account any situation where an individual has previously committed a crime but is innocent of the crime going to trial. Given that conviction rates soar when previous convictions are disclosed [1] , this motion doesn’t rebalance the justice system to cater for the victims, but risks seriously prejudicing those who are innocent of the crime going to trial. A wrongful conviction is just as bad as a wrongful acquittal; the prejudicial effects on the jury’s ability to make a verdict [2] undermines the objectivity of the justice system, and seriously risks the possibility of a fair trial.  [1] The Economist, ‘Tilting the balance’, 2 January 2003.  [2] The Economist, ‘Tilting the balance’, 2 January 2003.

negative: Prosecution provides closure for the victims of war crimes.  The intention of many crimes of war is to destroy and demoralise individuals and communities. As a result, they often cause on-going harm to victims who cannot feel safe in their communities even after the conflict has ended. For victims, prosecuting war criminals has a vital cathartic function in helping them, to some extent, to come to terms with the crimes committed against them and their families. While full compensation is impossible, both the symbolic realisation of justice and the illustration of real commitment to prevention allows people to rebuild their lives to some extent. Failure to prosecute sends victims a message that the attacks on their freedoms were somehow acceptable.

negative: human rights international law politics government warpeace house would recognise It is always in the best interest of victims for war criminals to be brought to justice, even if in the intermediate period there is a great deal of stress and suppressed grief. The ICC has the power not only to punish war criminals with incarceration, but order reparations to be paid to victims. Though financial reward cannot cover the loss of life or injury, it is a start and could not directly come from the criminal themselves without the influence and power of the ICC. Furthermore, it establishes a precedent that demonstrates to the wider public that victims will, however long it takes and however hard the ICC must work, get justice for their suffering.

negative: traditions law human rights international law society family house would require The proposition understates the extent to which the needs of child soldiers are catered to by international justice bodies. The Paris Principles [i] , which are used to guide the formation and functions of national human rights organisations, state that  “3.6 Children who are accused of crimes under international law allegedly committed while they were associated with armed forces or armed groups should be considered primarily as victims of offences against international law; not only as perpetrators...  3.7 Wherever possible, alternatives to judicial proceedings must be sought, in line with the Convention on the Rights of the Child and other international standards for juvenile justice.”  Although not strictly binding, an onus is placed on bodies such as the ICC to seek alternatives to the trial process when dealing with children. (The Principles define a child as anyone less than 18 years of age).  Even where children are placed in the role of officers or recruiters, they are unlikely to be tried in the same fashion as an adult.  This leaves only the issue of social exclusion following the process of demobilisation and treatment. Many of the problems of reintegration highlighted by the proposition do not seem to be uniquely linked to ICC prosecutions. Columbian child soldiers are as likely to be perceived as threatening whether or not they have come to the attention of the ICC. The ICC does not create negative stereotypes of former child soldiers.  As noted above, it seems perverse to give military commanders an opportunity to use cultural relativism to excuse their culpability for what would otherwise be a war crime. Ranking officers are much more likely than Yemeni tribesmen or orphaned Sudanese boys to understand the intricacies of such a defence, and much more likely to abuse it. Realistically, the commanders of child solders, and the politicians who sanctioned their use are the only class of individuals pursued by the ICC.  Where the boundaries between community leader, military officer and political leader become blurred, the court will always be able to fall back on its discretion. Practically, however, this mixing of roles is only likely to be observed in marginal communities a few major conflict zones. This does not favour stepping away from established judicial practice in order to create an entirely new form of defence.  [i] “Principles and Guidelines On Children Associated With Armed Forces or Armed Groups”, International Workshop on National Institutions for the Promotion and Protection of Human Rights, 2007,

negative: crime policing international law house believes icc should have its own enforcement An ICC enforcement arm would make the ICC more credible as an organization  To its critics, the ICC is an organization that can be mocked with Stalin’s dismissal of the influence of the Pope: “how many divisions does he have?”  An ICC capable of arresting its own fugitives would become a more credible organization, not only due to the show of competence through the arrests – it would lead to more trials, and more convictions, that would help contribute to the acceptance of the ICC as a serious court that is effective at bringing international criminals to justice. A legal institution needs to be effective to remain credible. [1] This would make countries much more likely to cooperate because the ICC would be doing more to help them by providing some of the necessary resources.  Henry Kissinger apparently said “Who do I call if I want to speak to Europe?” (he is not sure he said it) because there is no single European leader, and if the US wants political or military cooperation it calls the UK or France. In much the same way if countries need help apprehending and convicting someone they are much more likely to call in the ICC if it can actually help them catch the wanted person. [2]  [1] Perritt, Henry H., ‘Policing International Peace and Security: International Police Forces’, Chicago-Kent College of Law, March 1999,  p.293  [2] Sobczyk, Marcin, ‘Kissinger Still Lacks a Number to Call Europe’, The Wall Street Journal, 27 June 2012,

negative: Justice is needed to help end denialism.  By creating a historical record through the investigations and trial proceedings [1] , International justice can create a narrative that helps fight denialism over events in the past. It creates an accepted version of events where both victim and accused have had their say.  Denialism can be dangerous because it is likely to create perceptions that are likely to make conflict more likely again. For example the post-First World War Dolchstoßlegende (stab in the back myth) was used by the political right in Germany after WWI implied that the German Army had not lost but Germany had only done so due to the civilian leadership. This not only encouraged a belief that Germany could win in another war but also as the accusation was levelled particularly at socialists and Jews helped pave the way for the holocaust. [2]  [1] Goldstone, p422  [2] Holocaust Encyclopedia, ‘Antisemitism in history: World War I’, United States Holocaust Memorial Museum, 10 June 2013,

negative: law general house would place cameras courtrooms televise court cases Video footage of a court case would provide valuable information for both defendant and judiciary.  If the defendant is convicted of a crime, they have a right to appeal in the UK [1] and US [2] . However, this is made difficult for another court to re-assess the conviction if they cannot know how reliable evidence was in the first trial. Without film recordings of court trials, judges who have the duty to re-examine the case are unable to see witness testimonies; though new evidence does sometimes come to light during the course of an appeal [3] , it would be easier to assess this new evidence if the judges also had knowledge of how the first trial went. If the judges could watch a video of the first trial, they could judge the demeanour, body language and general impression given by each witness in the first trial. Body language can affect a court’s perception of a witness [4] , but this information could not be gained by a transcript. However, this evidence may be important for a new verdict to be reached.  [1]  , accessed 18/08/11  [2]  , accessed 18/08/11  [3]  , accessed 18/08/11  [4]  , accessed 18/08/11

negative: africa global law human rights international law house believes International prosecution encourages domestic justice  By introducing internationally based prosecution, the laws are able to effectively filter down into the domestic system. The international system takes care of powerful offenders who might otherwise not receive a fair trial or be brought to justice. This then allows domestic courts to prosecute those involved in the crimes at a lower level. This has worked in Ivory coast where the former leader was brought to face charges committed at home and also helped stabilize the situation in the country [1].  [1] Smith, David, ‘Laurent Gbagbo appears before international criminal court’, thegurdian.com, 5 December 2011,

negative: The prosecution of war criminals is generally very ineffective.  The scale of crimes being prosecuted cause very slow trials, and a high likelihood of technical acquittals. International Courts rarely have police forces of effective methods of enforcing rulings. The ICC has never achieved a successful conviction, the ICTY has been criticised for inadequate sentencing [i] and the current trials in Cambodia have become mired in court and national politics, to the point that it is expected that no further Khmer Rouge officials will be tried. Given the improbability of success, the cost and trauma of these trials is unjustifiable.  [i] "Ten years in prison for Miroslav Deronjic". The Hague: Sense Agency. March 30, 2004. Retrieved 8 May 2011. "Judge Schomburg however thinks that the punishment is not proportional to the crime and is not within mandate and spirit of this Tribunal. According to him, the crime to which Deronjic pleaded guilty "deserves a sentence of no less than twenty years of imprisonment". In a brief summary of his dissenting opinion that he read after pronouncing the sentence imposed by the majority, Judge Schomburg criticized the prosecution for having limited Deronjic's responsibility in the indictment to "one day and to the village of Glogova." Secondly, Judge Schomburg adds that the "heinous and long-planned crimes committed by a high-ranking perpetrator do not allow for a sentence of only ten years", which in light of his possible early release could mean that the accused would spend only six years and eight months in prison. At the end of his dissenting opinion, Judge Schomburg quoted a statement by one of Deronjic's victims. The victim said that his guilty plea "can heal the wounds" that the Bosniak community in eastern Bosnia still feels - "provided that he is punished adequately". According to the victim, "a mild punishment would not serve any purpose.""

negative: The Geneva Conventions provide the only fair, impartial and strong mechanism for protecting the human rights of detainees in the war on terror. Applying the Geneva Conventions would allow the Red Cross to inspect prisons where detainees are held (Anonymous, 2002). Breaches of the Geneva Conventions also give rise to State Responsibility, as seen in the USA and Israeli courts’ supervision of the treatment of terrorists and terror suspects. Individuals can also be held criminally responsible for breaches of the Geneva Conventions, for example the Charles Taylor trial at the Special Court for Sierra Leone and the trial of Radovan Karadzic at the International Criminal Tribunal for the Former Yugoslavia (Dworkin, 2003). The Geneva Conventions are therefore a useful way of ensuring that states respect human rights, rather than simply promising to treat detainees well as a matter of policy.

negative: Post-conflict reconciliation  These trials are not always in the best interests of people on the ground in post-conflict societies. Victims may feel great trauma at having to testify and revealing information might inflame tensions. This is particularly true when large numbers of people in the society had connections to the war criminals. For instance, many high-ranking Cambodian businessmen and officials had Khmer Rouge connections [i] and in Rwanda, Hutus make up 85% of the population. Prosecution is intended to allocate blame not to encourage progress and reconciliation. If any official process is necessary, Peace and Reconciliation Commissions are more suitable.  [i] Justice of a Kind, The Economist,

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: The ICC will prosecute leaders who commit the most severe crimes and give them their due.  The only way to ensure that leaders get what they deserve is to establish a free-standing, independent court that holds people accountable. The ICC acts as a permanent international court (as opposed to tribunals set up by a specific group of nations).1 By issuing arrest warrants for leaders who would otherwise continue their actions without any blame, the ICC attempts to punish them. The goal is to ensure that no individual gets away with committing terrible crimes. Additionally, the court gives victims a role in the process, has the power to give them reparations, and ensures they see criminals brought to justice.2The court has not punished anyone yet because it is still considerably young, but has proceedings going on currently.  1 Carroll, James. "The International Criminal Court." Bulletin of the American Academy of Arts and Sciences, Vol. 54 No. 1, Autumn 2000, 21-23.  2Duffy, Helen. "Toward Eradicating Impunity: The Establishment of an International Criminal Court." Social Justice, Vol. 26 No. 4, Winter 1999, 115-124.

negative: Faith in the justice system is derived from it being been to be fair and even-handed. It is not merely faith on the part of victims that offenders will be found guilty, but faith on the part of innocent defendant that they will be found innocent.  The double jeopardy rule reinforces faith in the justice system because it forces the prosecution service to make the best possible case that they can – because they only get one shot to make it. It also means that defendants can feel secure in submitting themselves to trial on the basis that an acquittal represents complete security from future accusations.  Abolishing the double jeopardy rule would actually undermine confidence in the system – overturning an acquittal is an explicit statement that the system produces false negatives. If it becomes widely accepted that a not-guilty verdict is meaningless then the principle of the presumption of innocence loses its force.

negative: eral philosophy political philosophy house would limit right trial jury some Trial by jury is not necessary to uphold principles of justice. As stated in response to Opp Argument 1, there are plenty of other checks in favour of the defence. We do not agree that removing trial by jury erodes at this principle: trial by jury may be important, but a judge can still presume innocence, treat evidence fairly etc. If juries are not necessary to uphold the principle of innocent until proven guilty, then removing them in specific circumstances should not undermine the integrity and justness of the court. Again, we often do not have trial by jury in the case of petty offences, suggesting that this right is not regarded as absolute.

negative: Many victims' families oppose the death penalty1. While some might take comfort in knowing the guilty party has been executed, others might prefer to know that the person is suffering in jail, or might not feel comfortable knowing that the state killed another human being on behalf of the victim. Furthermore, Stanford University psychiatrist David Spiegel believes 'witnessing executions not only fails to provide closure but often causes symptoms of acute stress. Witness trauma is not far removed from experience it'2. Even if it was the case that capital punishment helped the victims' families, sentencing is simply not about what the victims' families want. Punishment should be proportionate to the crime committed, and not the alleged preferences of victims' families. 1 Murder Victims' Families for Reconciliation. Accessed June 9, 2011. 2 Rahka, Naseem. "Capital Punishment: Muhammad and the 'Closure' Myth." November 1, 2009. Accessed June 29, 2011.

negative: Intercepted evidence could be incredibly useful for both prosecution and defence cases in many trials.  Intercept evidence offers the opportunity to speed up court trials and stop wasting time and money by providing information which could lead to a faster, more accurate verdict. Other western democracies who use wire-tap evidence believe that is has or will help to achieve criminal convictions [1] [2] [3] , which demonstrates popular support for it as an effective and swift method of justice. Given that the UK has allowed wire-tapping in some specific cases [4] , it seems to be that it is not the principle of intercept evidence itself which is viewed as unacceptable by these countries, but perhaps a need to set up a formalised system of the conditions when and where intercept evidence can be used. David Bickford, the former chief legal adviser to MI5, has stated ‘I know we have lost cases as a result of not using such evidence’ [5] and other experts have called for the wide use of intercept evidence in court [6] . Allowing the use of intercept evidence in the first place may well ensure that wire-taps are better carried out in a standardised, regulated manner  [1] In Sweden:  , accessed 30/08/11  [2] Widely in the USA:  , accessed 30/08/11  [3] In Australia:  , accessed 30/08/11  [4]  , accessed 30/08/11  [5]  , accessed 30/08/11  [6]  , accessed 30/08/11

negative: human rights international law politics government warpeace house would recognise The ICC allows for the prosecution of war criminals.  Law-abiding states like the United States that have yet to ratify the ICC should have nothing to fear if they behave lawfully. The Prosecutor of the ICC is only concerned with the most grave offences and it defies belief that the US would approve a strategy of genocide or systematic mass violations of human rights that could attract the jurisdiction of the ICC. Further, the discretion of the Prosecutor is not unchecked. The Statute requires that the approval of three judges sitting in a pre-trial chamber be obtained before an arrest warrant can be issued or proceedings initiated. Moreover, there is no harm to the interests of the US in being subjected to a mere preliminary investigation. In fact, it is preferable that spurious accusations are briefly examined and shown to be baseless, than that these accusations be allowed to raise doubts about the credibility of a State's actions and the impartiality of the Tribunal in question. The US acceptance of the jurisdiction of the Prosecutor of the ICTY is evident ; the US troops forming part of the KFOR peacekeeping force in Kosovo could equally be subject to investigation and prosecution by the ICTY. The US is prepared for its forces to operate under the scrutiny of the ICTY since it reasonably does not expect its members to commit the very crimes they are deployed to prevent.

negative: human rights international law politics government warpeace house would recognise The ICC fails to prevent atrocities.  The ICC will not deter the commission of war crimes or genocide. The Third Reich augmented the crimes of the Holocaust when it became clear that the Allies would defeat them in Europe. The only expectation of the Nazi leadership was immediate execution, rather than trial in a judicial forum. Similarly, Slobodan Milosevic and the Bosnian Serb army conducted a campaign of ethnic cleansing in Kosovo whilst the International Criminal Tribunal for the Former Yugoslavia (ICTY) was sitting in the Hague. The calculation of whether to commit gross human rights violations is not that of the reasonable and rational individual. The existence of a court, however well intentioned, will have no effect on the commission of these crimes.

negative: There are numerous checks that limit the power of the prosecutor and regulate the ICC's operations.  There are numerous checks outlined in the Rome Statute that limit the power of the prosecutor, eliminating any concerns of abuse. For example, Article 7 clearly defines what a crime against humanity is, and other types of crimes are extensively defined in the statute. Second, the ICC is allowed to step in only if the national government fails to prosecute criminals, meaning that it will never have to step in and exercise its power as long as countries are doing their jobs domestically, checking its jurisdiction. Third, there are multiple chambers that check each other; for example, the pre-trial chamber makes sure that the prosecutor has enough evidence before proceeding. Fourth, there are 18 judges from differing impartial backgrounds, ultimately making the ICC objective. Other checks can be found upon closer examination of the Rome Statute.1 Moreover, empirically, the prosecutor has not excessively punished any leader, so claims of abuse have yet to show true in the real world. Trials have been dismissed on the grounds of not having sufficient evidence, etc., so the ICC does not have unlimited power.  1 United Nations. "Rome Statue of the International Criminal Court." 2002. Accessed 14 August 2011.

negative: crime policing law general punishment society house would disclose previous Juries need to have all the information possible in order to reach a fair verdict.  It is nonsensical to withhold evidence from a jury that might be necessary for them to reach an accurate verdict. Just because their verdict might be more prone to conviction rather than acquittal does not necessarily mean that this is an unfair or even inaccurate conclusion; given that violent offenders are likely to re-offend [1] , it may illuminate the truth rather than confuse it. Jurors should be allowed to weigh the relevance of previous convictions and compare them with the accusations of the trail at hand. A criminal justice system which currently relies on the ability of the jury to make a decision [2] cannot legitimately choose to withhold evidence from them without innately biasing the trial itself. As the UK Government’s White Paper states, ‘we want less evidence to be withheld from the courts, on the principle that relevant evidence should be admissible . . . magistrates, judges and juries have the common sense to evaluate relevant evidence and should be trusted to do so’ [3] . If we cannot trust juries to decide which evidence is relevant to the verdict and which is not, then the entire use of juries in the criminal justice system should be reconsidered.  [1] CBC News, ‘Getting out of prison’, March 2008.  [2] Direct Gov, ‘Jury service – what happens in court and after the trial’, 10 October 2011.  [3] CPS, ‘Justice for all’, The Stationary Office, July 2002.

negative: Tribunals do not respect detainees’ rights, but in fact require the undermining of those rights. Regardless of the procedures with which internment is dressed up by embarrassed authorities, it is open to abuse because trials are secret with the executive essentially scrutinising itself. Often there is not a free choice of lawyer to represent the suspect (detainees before US Military Commissions can only choose lawyers approved by the executive). Trials are held in secret with crucial evidence frequently withheld from the accused and his defence team, or given anonymously with no opportunity to examine witnesses properly. Appeals are typically to the executive (which chose to prosecute them), rather than to an independent judicial body. In such circumstances prejudice and convenience are likely to prevent justice being done.

negative: ICC is cheaper  Africa bears little of the cost of the ICC – by far its largest contributions come from the European Union, and its member states.  This, coupled with the fact that the ICC is cheaper than the ad hoc tribunals due to economies of scale, means that justice can be delivered to war criminals and those who commit crimes against humanity in an affordable manner – saving resources for helping the victims.