query: Prioritizing donors creates an incentive to become a donor  The greatest argument for this policy is also the simplest: it will save thousands, perhaps millions of lives. A policy of prioritizing transplants for donors would massively increase the proportion of donors from the status quo of (at best) just over 30% {Confirmed Organ Donors}. Given the number of people who die under circumstances that render many of their organs useless, the rate of donor registration must be as high as possible. The overwhelming incentive that this policy would create to register may well eliminate the scarcity for certain organs altogether; a bonus benefit of this would mean that for organs where the scarcity was eliminated, this policy would not even need to make good on its threat of denial of organs to non-donors (and even if this happened for every organ and thus reduced the incentive to register as a donor, the number of donors could only fall as far as until there was a scarcity again, thus reviving the incentive to donate until the rate of donation reaches an equilibrium with demand.)

positive: healthcare deny organs non donors There are alternatives which are far more palatable means of increasing the rate of organ donation, sparing us the moral quandary associated with denying organs to patients and coercing the populace to donate. An easy example is the opt-out organ donation system, wherein all people are organ donors by default and need to actively remove themselves from the system in order to become non-donors. This alternative turns every person who is indifferent to organ donation, currently a non-donor, into a donor, while preserving the preferences of those with a strong commitment not to donate.

negative: Neither individuals nor corporations should be permitted to make unlimited contributions  Currently, Super PACs are organizations that can receive unlimited contributions, which encourages the belief that the amount of money contributed is directly correlated to the amount of influence the donor could have. By permitting individuals or corporations to make unlimited contributions, the current legislation undermines the democratic character of the elective process. Political figures related to the sponsored Super PACs have an incentive to satisfy the needs of those who contribute huge amounts of funding towards their campaign rather than meet the needs of the average citizen. This is not the way that democracy should be; it must represent the viewpoint and needs of the majority of the population, not just the small fraction of it that is wealthy enough to effectively pay for policies they want. Furthermore, caps on contributions to Super PACs will bring competition in elections back into the mainstream and when more citizens contribute to politicians, they will be more engaged in politics. [1]  For example, the pass of the Bipartisan Campaign Reform Act (BCRA) eliminated soft money for parties and attempted to handle the elections contributions through PACs. With the elimination of soft money for parties, the role of interest groups investment decreased in the 1990s. [2] Obama’s campaign in 2008 raised 114.1 million or 34% of his general election fund from small contributions. His unprecedented small donor fundraising success can be interpreted as increased credibility and public visibility for Obama and through this the benefit of mobilizing lots of small donations. In 2008, Obama used online communications and social networking tools to reach and mobilise more people. In effect of this approach, he not only inspired an unprecedented number of young and retired people to get involved in the campaign, but also achieved the highest rate of small contributions. [3]  [1] Malbin, Michael, Anthony Corrado, Thomas Mann, and Norman Ornstein. "Reform in an Age of NEtworked Campaigns." Campaign Finance: The Problems and Consequences of Reform. By Robert Boatright. New York: International Debate Education Association, 2011. 84-106. Print.  [2] Franz, Michael. "The Interest Group Response to Campaign Finance Reform." Campaign Finance: The Problems and Consequences of Reform. Ed. Robert Boatright. New York: International Debate Education Association, 2011, 2011. 66-83.  [3] Malbin, 2011.

negative: Stopping super PACs would place an emphasis on actual issues rather than politicians selling themselves.  Campaign finance reform gives the individual donor a voice more comparable to other donors’ interests. At present, the enormous amount of money channeled into campaigns by large corporations, unions, and special interest groups through PACs overwhelm the smaller, limited contributions of individual donors. Reforming the super PACs and limiting these large group donations would increase the significance of donations by individual voters, likely increasing the responsiveness of candidates to voters/donors and so increasing their accountability to their electorate. Additionally, the increased significance of individual contributions encourages voter participation and activism.

negative: Sponsorship is an inefficient way of giving to charity.  Sponsoring a child is a costly way to do good. More of the money given is taken up with administration (organising) compared to other ways of helping poor people, and although the cost of this administration varies greatly but often as much as 20% of the money donated does not reach the people who need it, and some of that loss is through high executive salaries. [14] For example, keeping track of each child and family needs time from an aid worker, who has to be paid. Organising and sending letters, photographs, school reports, etc. to the donor takes time and money. Translating letters and reports between both donor and child can be particularly costly. Giving the same amount of money to an aid charity would do much more for poor people.

negative: 3D printing opens the doors to a post-scarcity society  Industrial 3D printing allows for a cheaper, faster and more sustainable form of production, but somebody still has to sell and purchase the products. Household 3D printers give people the possibility of producing otherwise inaccessible things for a minimal cost, up to hundreds of times cheaper than their current store price20. Numerous websites, such as Thingiverse21, already act as databases for free printable designs. This trend would allow people to save thousands on necessities: food, appliances, medicine, and human organs are some examples. Even systems for power production or more efficient ways of collecting sustainable energy could be created. This would make scarcity disappear as we know it, and thus tackle one of society’s greatest problems. This is a very long way off even with 3D printers but if it is to occur it is essential that the means of production not be monopolised by companies.  [20] Kelly, Heather. “Study: At-home 3-D printing could save consumers ‘thousands’”, What’s Next, CNN. 31 July 2013.   [21] Thingiverse, Makerbot Industries.

negative: economic policy employment house would make raising business and labour standards Increasing a standard, even if not as high as the donor would want, increases the standard of the present situation  Increasing the required standard of business and labour will result in increases to the current standard labour and business standards even before aid is entirely tied as countries implement changes to ensure they get the most possible aid. Simply setting an expected level of labour and business standards will therefore create improvement in those standards. In the case of the Decent Work Country Programme for Bangladesh 2006-2009 Bangladesh has been implementing the program due to its positive benefit towards achieving the millennium development goals. This is despite challenges such as the lack of employment opportunities in the country. The programme has been successful in improving social protection, working conditions and rights for female, male, and children workers in a few sectors and areas [1] .  [1] International Labour Organization, Bangladesh: Decent Work Country Programme 2012-2015, 2012

negative: The reduction of aid will cause innocent people to suffer  A reduction of aid to Africa will likely affect the most vulnerable in society rather than the politicians who can adjust the law. The African continent shows signs of growth, but 40% of sub-Saharans live below the poverty line [1] . Cutting aid to states that criminalise homosexuality will increase poverty among individuals who have no influence over their government’s policy. This is an issue which both African states and African LGBT (Lesbian, Gay, Bisexuals, Transgender) groups agree upon [2] . Ahmed Lawan, a senator from Nigeria, argued that there needs to be more dialogue and diplomacy if the West is to convince them [3] . Should aggressive policies be used to leverage policy change, such as reducing aid, then African nations will be deterred from making pro-western changes to legislation. LGBT groups want donor countries to ensure that aid is distributed more evenly, and guarantee that aid directed towards human rights reaches homosexuals rather than cutting aid all together [4] . If aid is cut, it will serve to weaken ties between Africa and their donor countries, as well as worsen Human Development Indicators.  [1] Our Africa, ‘Poverty’  [2] Should donors rethink aid to states that persecute gay people? Ware,G. 25/01/12  [3] Ibid  [4] Should donors rethink aid to states that persecute gay people? Ware,G. 25/01/12

negative: Obama has already attempted to increase transparency.  Disclosure laws are intended to bring transparency to the electoral process. By scrutinizing the sources of campaign funds, voters can gain insight into how candidates intend to appoint justices and pass laws while in office. Obama’s attempt at transparency, the DISCLOSE Act, has so far failed to gather a majority of votes in Congress in 2010 [1] but it shows how Obama would like to proceed. This kind of transparency is necessary today because during the 2010 midterms the groups that don’t need to disclose contributions outspent the PACs that must disclose donors by 3 to 2 spending $100million on issue ads. [2]  Without strict disclosure rules, the legislative agendas of elected officials become more opaque, and the public has fewer ways to hold them accountable. Voters would be forced to rely on the goodwill of their elected officials to voluntarily disclose the sources of funding, a system which generates negative incentives to bury the information that is perhaps most critical and relevant to the public interest.  [1] ‘DISCLOSE Act; New Donor Transparency Law Blocked in Senate’. The Washington Post. 16 July 2012.  [2] McIntire, Mike, and Confessore, Nicholas, ‘Tax-Exempt Groups Shield Political Gifts of Businesses’, The New York Times, 7 July 2012.

negative: healthcare deny organs non donors The right to access healthcare is absolute  Healthcare is a primary means by which individuals actualize their right to be protected against an untimely death. The ability to access healthcare, to not have the government actively intervene against one receiving it, is of fundamental importance for living a long and worthwhile life, and is hence entrenched in the constitutions of many liberal democracies and much of international human rights literature {WHO - Health and Human Rights}. While some rights, such as the right to mobility, can be taken away as a matter of desert in almost all societies, absolutely fundamental rights, such as the right to a fair trial, are actually inalienable and ought to never be violated. What this means in practice is that one’s access to healthcare should not be continent. The government should set no standards on who deserves life-saving treatment and who doesn’t. To do so would be to assign a dangerous power of life and death over the government.

negative: bate media and good government international africa house believes limited Many donors have been deeply reluctant to stop or reduce aid, whatever the arguments over eastern Congo[1]. Donors like to see their money have an impact, something that Rwanda’s transformation has provided. There might be concern about freedom of speech and the press but donors recognise that the way to change this is not to simply stop aid; an act that simply damages those the donors are trying to help not those who are limiting freedom of speech.  [1] The economist, ‘The pain of suspension’, economist.com, 12 January 2013  [2] Timmins, Jerry, ‘Free speech, free press, free societies’, li.com

negative: economic policy employment house would make raising business and labour standards Historically the donor of Foreign Aid has always set down pre-requisites  When a donor nation parts with foreign aid for development to a nation, it must always choose who it prefers to give it to as there is a limited pot of money to donate there needs to be a way of allocating it. It is not surprising therefore that countries with shared colonial histories tend to dominate aid flows, thus Britain has historically given most aid to countries that were its colonies; in 1960 Malta and Cyprus received most, while India was the biggest recipient for much of the rest of the 20th Century. [1] Further, often countries offering aid, such as the US, the UK, and the EU, require the pre-requisite of democracy or the start of a democratisation process. Therefore, it is justified to add a pre-requisite for better standards of business and labour as it helps implementation, and principally meets the goals of the developmental aid itself. [2]  [1] Provost, Claire, ‘UK aid: where does it o and how has it changed since 1960?’, Datablog guardian.co.uk, 14 April 2011,   [2] Dollar, David and Alesina, Alberto. “Who Gives Foreign Aid to Whom and Why?” Journal of Economic Growth, Volume 5, No. 1(Mar., 2000).

negative: The Tax Cuts Only Exist Due to An Unjust System  The tax cuts that were created under a Republican government can be strongly linked with the Republican power base. The Republican party relies on a relatively small number of very rich and powerful donors. A tax cut for these people often leads to an increase in funding for the Republican party. Republican representation among the other classes generally comes from other conservative policies as opposed to one fiscal policy.  Further, there is an attitude in the U.S. among many poorer communities that tax regardless of the actual purpose is a bad thing. As such, the Republicans can often reduce taxes for the wealthy without significantly harming their voting base among other communities, despite the fact that these changes often harm poorer communities a great deal.  This means that implementation of the tax cuts was due to a political system that focuses on parties winning elections as opposed to doing what is best for America as a country. As such the system forces the Republicans to pander to the rich for funding and this leads to a worse situation for the country overall. Given that this is true, the tax cuts are unjust and should be removed. [1]  [1] Creamer, Robert “Why Congress Must End Bush Tax Cuts for the Rich.” Huffington Post. 28/07/2010/

negative: While a factional, corrupt government that can’t control its territory is an impediment to peace it is not the United Nations main responsibility. MONUSCO has done what it can in coordination with other United Nations agencies, donors and non-governmental organizations, providing assistance for the reform of security forces, and the re-establishment of a State based on the rule of law. It has more than 2,000 civilian staff helping to build institutions. In the years after the Lushaka agreement revenue collection doubled from 6.5% in 2001 to 13.2% of GDP in 2006 showing that the government bureaucracy is being put back on its feet even before the conflict is completely ended. [1] It also shows the government does still have control. As a result international investment has started to flow in and life is better for the large majority of Congolese, especially in the calmer western areas.  [1] Harsch, Ernest, ‘Building a state for the Congolese people’, Africa Renewal, January 2008,

negative: economic policy employment house would make raising business and labour standards International labour and business standards go hand in hand with development standards and will de facto increase implementation levels  What are international labour and business standards? They are globally acceptable methods of doing business and employing labour. These include Conventions Against Forced Labour [1] , Discrimination [2] and Child Labour [3] . These also form guideline structures for social policy such as labour dispute resolution bodies, employment services and good industrial relations. Therefore, this goes hand in hand with reducing poverty and increasing the standard of living of the employees, and hence the standard is a facet of development in itself. This helps in achieving the goals of a stable long term plan for economic growth as well paid workers are necessary for consumer spending. Employing higher standards would be a way to tackle the problems with distribution of aid at the grassroots and increase efficiency within the system organically. [4]  The poorest countries invariably have the lowest standards of labour and business. It is essential to raise these standards to an international level, implementing standards against practices like child labour. If this is done then the purpose of development aid, which is to increase the day to day standard of living of the people, will improve. In an absence of such a pre-requisite, a developing country will be free to employ standards that do not reflect the same principles of the donor nation. Thus, to avoid a hypocritical scenario, this pre-requisite is necessary.  [1] C029 - Forced Labour Convention, Adoption: Geneva, 14th ILC session, 28 June 1930,   [2] International Labour Office, ‘Discrimination (Employment and Occupation) Convention’, International Labour Organisation, 1958 No.111,   [3] ‘ILO Conventions and Recommendations on child labour’, International Labour Organisation,   [4] ‘How International Labour Standards are used’, International Labour Organisation,

negative: Systemic aid' is detrimental to African society  While aid threatens the economy, it also poses hazards for society in Africa. As Moyo contends, it merely fosters civil war as people fight over scarce resources that cannot feasibly be equally distributed. According to Dr Napoleoni, $1.6bn of $1.8bn in aid received by Ethiopia in 1982 – 1985 was invested in military equipment1.  As a result aid is often limited; some donors refuse to make payments unless a proportion is devoted to a specified cause or if some act is done in return. Moyo refers George Bush’s demand that two thirds of his $15bn donation towards AIDs must go to pro-abstinence schemes. Such requirements further impede Africa’s ability to create a domestic policy and think for itself. Aid is solely to blame for its dependent state.  1 Herrick, L. (2008, May 14). Money raised for Africa 'goes to civil wars'. Retrieved July 20, 2011, from New Zealand Herald

negative: This argument is wholly unsuited to the modern age. Society freely allows single people to reproduce sexually, whether by accident or design. Existing lawful practices such as sperm donation allow deliberate procreation without knowledge of the identity of the father. Surely it is preferable for a mother to know the genetic heritage of her offspring, rather than accept sperm from an unknown and random donor? Moreover, reproductive cloning will allow lesbian couples to have children genetically related to them both. It might be better for the welfare of the child for it to be born into a happy relationship, but the high rates of single parenthood and divorce suggest that this is not always possible.

negative: omic policy environment climate energy water international africa house would Yes they are. Big international donors like the World Bank who are supporting the project will ensure that there is compensation for those displaced and that they get good accommodation. In a budget of up to $80billion the cost of compensation and relocation is tiny.

negative: Genetic testing ensures the best quality of life for children vulnerable to heritable diseases  We have a duty to the child to give it the best possible start in life, and if the technology is available to determine whether a baby is brought into the world with or without a genetic neurological disease such as Huntington’s, cystic fibrosis or sickle cell anemia, we should exercise that right.  A child that has Cystic Fibrosis (CF) produces too much fluid and mucus in the lungs, pancreas and passage ways, which then become thick, sticky and hard to move. This means that germs get stuck in the mucus and the child suffers from a lot of infectious diseases. Thus lead to reduced life expectancies (1).  For the gene detectable blood disease Thalassemia in its moderate and severe forms children may need very frequent blood transfusions, which over time lead to damage of heart, liver or other organs. Or may need stem cell transplants (bone marrow transplants) in order to get these transplants children will usually need to undergo radiation and need to have the luck of a well matched donor (2).  Congenital malformations, deformations, chromosomal abnormalities are the leading causes of 20% of infant deaths in the US. More than 6,000 single-gene disorders - which occur in about 1 out of every 200 births - such as cystic fibrosis, hemochromatosis or sickle cell anemia.  Dr. Gregor Wolbring (University of Alberta in Canada) sees embryo selection as "a tool for fixing disabilities, impairments, diseases and defects"(3).  If we have ways to prevent children from such suffering and can manipulate only with those genes so that they do not have to suffer, we should do so.  1. KidsHealth,  , accessed 05/21/2011  2. Mayo Clinic,  , 05/21/2011  3. MedicineNet.com  , accessed 05/23/2011

negative: omic policy environment climate energy water international africa house would The difficulty of constructing something should not be considered a good argument not to do it. As one of the poorest countries in the world construction will surely have significant support from developed donors and international institutions. Moreover with the energy cooperation treaty between DRC and South Africa there is a guaranteed partner to help in financing and eventually buying the electricity.

negative: economic policy employment house would make raising business and labour standards Strategic interests can be put to risk by such pre-requisites. Donor nations have strategic interests when awarding aid, which ensure that future trade relations are well secured (such as United States and the Middle Eastern oil states). This is why aid goes to countries that often have links with the donor.  If there are too many conditions attached and when the developing countries cannot meet them these countries will go elsewhere. China is increasingly a competitor in giving aid and overtly at least ties in far fewer conditions into the aid they give. Sudan was cut off from aid programmes due to its internal conflict, but China invested in development projects without asking for any conditions [1] .  [1] Zafar, A. "The Growing Relationship Between China and Sub-Saharan Africa: Macroeconomic, Trade, Investment, and Aid Links." The World Bank Research Observer 22.1 (2007): 103-30.

negative: Resources will only be scarcer without aid; further chaos and corruption will ensue. There would be no need for fighting should resources be shared out equally. If aid is transferred to governments there is surely a centralized method of doing so; aid itself is not the problem. Africa could escape the issue of receiving payments according to donors’ vested interests by administering a list of causes for which it desires support, accepting contributions where demands fall exclusively within its categories. Again, aid is not detrimental but its careless distribution and allocation is.

negative: Provides autonomy for developing countries  Rwanda has been trying to increase the size of remittances in order to increase its autonomy. The President Paul Kagame has said “aid is never enough and we need to complement it with homegrown schemes to accelerate growth.” He wants “a higher level of direct ownership in the nation’s projects” and wants it because western donors had suspended aid. [1] A change to remittances would reduce this vulnerability; it would be much more difficult for ‘donors’ to suspend the tax breaks they provide for remittances to individual countries than it is to cut aid. Indeed remittances are noticeably stable with money still being sent home during recessions and can even be countercyclical as migrants will send more if they know things are bad back home. [2] This then takes the issue out of the hands of the politicians and puts it into the hands of the people.  [1] Procost, Claire, ‘Rwanda seeks diaspora investment to cut reliance on foreign aid’, global development guardian.co.uk, 11 October 2012  [2] Ratha, Dilip, ‘Remittances: Funds for the Folks Back Home’, International Monetary Fund

negative: A state has a fundamental right to set immigration policies and take the necessary steps to make them work.  Ironically, even Mexico recognizes this when it attempts to increase border enforcement along its own southern border with Guatemala1,2. If those policies are lawfully set by the people and legislature, then regardless of how efficacious a particular tool is, it is justified. It is clear that the fence is wildly popular – well over half of the United States supports it3 , and many individuals are so adamant about increasing border security that they are willing to make donations for these purposes4. The social contract of the United States means that the government is democratically elected and therefore accountable to its people. If they want to focus on securing the borders instead of providing more extensive welfare programs or reforming education or anything else they could be spending money on, that is their prerogative.  1Thompson, Ginger. “Mexico Worries About Its Own Southern Border.”  2Cutler, Michael. “Hypocrisy: Mexico Building Security Fence Against Guatemala.”  3Rasmussen Reports. “Support for Mexican Border Fence Up to 68%.”  4Crawford, Amanda. “Arizona’s State-Owned Mexico Border Fence Attracts Donors From Across U.S.”

negative: Earmarks help to create congressional stability  In a system with a two-yearly election cycle, a certain element of incumbent advantage provides stability and continuity in the legislature (and re-election rates have been sharply down in both 2008 and 2010). Many other factors promote incumbency, including the media attention a Congressmen rightly receives back home, perks of office such as large staffs and generous travel expenses, redistricting, and the ability of an incumbent to call upon an existing network of volunteers and donors to support their re-election bid. In any case, earmarks are only a tiny share of overall spending, and donations from local interest groups are usually heavily outweighed by both individual contributions and those from national organisations. Their money goes to candidates who share their ideological position and who they feel will vote to support the major legislative and budget initiatives they favour.

negative: A lengthy primary campaign gives candidates time to test each other on a whole range of issues. Voters, in turn, make their decisions based on a balance of candidates’ strengths and weaknesses. Voters can do this because they have had the time to get to know the candidates well, to become familiar with their policies and positions on various issues and to analyse their professional or political backgrounds.  Admittedly the experience of getting to know- and be known by- the country is an expensive one. However, Barack Obama’s reliance on small, personal donations demonstrates that this situation need not benefit any particular sectional interest.  Side opposition contend that Obama’s grass roots funding model provides a viable alternative to reliance on large donation from powerful donors. Moreover, it also serves to expand and foster public engagement in the political process.  There is also little reason to suspect that the resolution would do much to reduce expenditure on campaigns. Indeed, eliminating state-level campaigning may simply mean that candidates are forced to become more reliant on communications delivered via national media, which is both more expensive and provides fewer opportunities to address state-level issues.  Finally, it should also be noted that spending in primary campaigns is already subject to a significant external control. The need to fund a full presidential election campaign will always serve to limit and moderate candidate’s ambitions, and to impose a degree of equality between wealthier candidates and those who are more reliant on grass-roots support.

negative: economic policy employment house would make raising business and labour standards Development has many facets of which pure economic growth is a priority, especially in the context of a developing nation  It is a nation’s own sovereign decision to decide its own standards and pace itself. It is a sovereign right of self-determination of a nation to freely comply or refuse to comply with international standards. It is unfair to back a developing nation up against a wall and force them to ratify higher standards in return for aid.  It is notable that the countries that have developed fastest have often been those that have ignored the whims of the aid donors. The Asian tigers (Singapore, Hong Kong, South Korea, Taiwan, later followed by South East Asia and China) did not receive aid, but preserved authority over their developmental policies. Their success story does not involve the international labour standards and goes against many of the policy prescriptions, such as free trade, of international institutions, such as the World Bank and the ILO [1] . This shows that nations that follow their national interest rather than bending to the whims of donors are the ones that ultimately do best economically. These states only implement labour standards when they become beneficial; when it is necessary to build and maintain an educated labour force.  [1] Chang, Ha-Joon, “Infant Industry Promotion in Historical Perspective – A Rope to Hang Oneself or a Ladder to Climb With?”, a paper for the conference “Development Theory at the Threshold of the Twenty-first Century”, 2001,

negative: economic policy employment house would make raising business and labour standards It is irrelevant that some western countries do not always meet the highest labour standards; does it matter that Germany does not have a national minimum wage when there are minimum wages for each sector? These are countries where one labour standard can be sacrificed because the pay and standards elsewhere are much higher.  Of course consumers should be supporting attempts to increase labour and business standards but this is hardly exclusive; there is little reason for aid donors not to be demanding high standards at the same time as consumers are.

negative: bate media and good government international africa house believes limited International concern  Rwanda, though a progressing country is still aid dependent which has been a backbone for its achievements today[1]. Spoiling Rwanda’s relations with the international community would therefor be destabilising Rwanda’s focus and growth. This has been evident when some countries cut aid to Rwanda recently following allegations of the government supporting insecurity in Congo [2].  Most donor governments are strong backers of human rights and freedom. Continued restrictions to freedom of speech may provoke international reaction through cutting aid and trade ties a move that may hinder the success of Rwanda’s goals. Aid has been cut on other human rights issues for example donor countries have recently acted to cut aid to Uganda as a result of their criminalisation of homosexuality.[3]  [1] DFID Rwanda, ‘Growth and Poverty reduction grant to the government of Rwanda (2012/2013-2014/2015), gov.uk, July 2012  [2] BBC news, ‘UK stops £21m aid payment to Rwanda’ bbc.co.uk, 30 November 2012  [3] Plaut, Martin, ‘Uganda donors cut aid after president passes anti-gay law’, theguardian.com, 25 February 2014

negative: More parity is necessary between corporations and the regular individuals.  There is a need to create more parity between individuals and corporations. There is much more campaign funding where there is non-disclosure, there has been little money flowing into ‘super-PACs’ that must disclose donors instead it goes to tax exempts organizations that are not subject to the disclosure requirements. [1] As non-disclosure means higher fundraising figures, then it becomes optimal for every politician to adopt a strategy of opacity in order to fare better than his or her opponents. The culture of corporate electioneering aided by legally-sanctioned anonymity would likely demoralize voters and funnel candidates’ priorities towards courting big business at great cost to the average American citizen during and after the election.  While it may be a stretch to assert that Citizens United granted corporations “personhood,” the impacts of the ruling are far-reaching for campaign finance law. Even small corporations have disproportionate spending power compared to individuals. Oftentimes decisions in corporations are made by boards of executives and not aggregates of working-class citizens, exacerbating the influence of those who already wield greater financial and political capital. If money is indeed speech, then corporations speak much, much louder than individuals from the outset. Some contend that the voices of unions, which are similarly protected under the same ruling, lend a degree of partisan balance—implicitly acknowledging that the divide is indeed tinged with partisanship—but realistically, even the largest union contributions pale in comparison to those of Fortune 500 companies. [2] Distortion in the marketplace of ideas increases reliance on negative campaigning, which hurts voter turnout and morale while usually detracting from substantive dialogue about policy issues. It also raises the barriers of entry for third-party candidates and more moderate candidates during elections and primaries, more deeply entrenching the two-party system. [3]  [1] McIntire, Mike, and Confessore, Nicholas, ‘Tax-Exempt Groups Shield Political Gifts of Businesses’, The New York Times, 7 July 2012.  [2] Pilkington, Ed. ‘Obama wants to see Citizens United Supreme court ruling overturned’. Guardian.co.uk, 29 August 2012.  [3] United States Supreme Court. Citizens United vs. Federal Electoral Commission. October 2009.

negative: Think tanks should be able to choose not to know who funds them  The information think tanks provide can be extremely useful to society. Therefore we should be hesitant to restrict their key strength, which is their independence. There may be scenarios in which think tanks, in need of funding for a purely positive project, ask for donations from anyone who believes in their values. Wanting to avoid any negative associations or any accusations of bias, they choose not to find out who their funders are, and thus they cannot disclose that information. For think tanks who claim independence by only asking for anonymous donors, this is no longer an option when they are forced to disclose. The attempt to create more objectivity actually removes one of the ways of being perfectly impartial.

negative: Withholding funds will prevent PNA terrorism and anti-Semitism.  It is clear what Hamas, or any other terrorist organisation, has to do in order to convince western governments to continue funding the Palestinian National Authority with it in charge. It must formally give up terror, accept the existence of the state of Israel and drop any anti-Semitic ideology. Yasser Arafat’s PLO and Fatah Party made these commitments in the early 1990s, and this allowed them to become negotiating partners in the Oslo Peace process. [1] Hamas has to take the same steps if it wants to enjoy the same level of support from western donors which the previous Fatah government had. Until it makes these public changes, there would not be any funding.  [1] Schlaim, Avi. “The Rise and Fall of the Oslo Peace Process.” International Relations of the Middle East. 2005.

negative: In most countries where there is an acceptance of the medical value of cannabis it is fairly easily available, this would simply condone its recreational use  At a time when governments, along with health professionals, are trying to restrict the use of legal drugs such as alcohol and nicotine, giving the use of cannabis the sanction of government approval would take health policy in a direction that most people do not wish to contemplate.  Effectively, such a change in policy would announce, ‘We’d rather you didn’t drink or smoke but it’s okay to get high’.  In most nations where this discussion is even happening the personal use of mild narcotics is ignored by law enforcement. However, legalizing the use of drugs in any way says to the world at large, ‘this isn’t a problem, do what you like’.  The production of drugs ruins lives and communities. Any attempt to fully legalise marijuana for medical use would only be effective in western liberal democracies. There is a high probability that it would incentivise increased production of the drug in states where it remains illegal. For the reasons given above, legitimatizing cannabis’ use as a medicine would increase or entrench its use as a recreational drug Restrictions on cannabis production would place the market under the control of criminal gangs. As a result, cannabis growing would continue to be defined by organized violence, corruption, smuggling and adulteration of the drug itself.  Legitimatising cannabis use via state legislation ignores and conceals the human suffering caused by the production of drugs in both developed and developing states. .  Moreover, many organized crime networks prefer to grow and sell cannabis over other, more strictly regulated drugs. It remains highly likely that the legal market for cannabis that the state proposes to create would become a target for organisations attempting to launder the proceeds of crime, or pass off tainted marijuana as medical grade forms of the drug.

negative: imals international africa house would african government implement tougher There are numerous sponsors who contribute towards animal protection schemes, reducing the government’s burden. Private wildlife custodians spend significant sums of money ensuring they are fully equipped to deal with poachers. There are also private donors and interest groups such as World Wildlife Federation (WWF) who supply funding for the governments’ conservation efforts. [1] This financial support has made projects such as the increased military presence in South Africa’s game parks possible.  [1] Welz, A. ‘The War on African Poaching: Is Militarization Fated to Fail?’


query: 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.

positive: 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 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: 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: 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: 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 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: A DNA database would reduce the time spent tracking down suspects  A DNA database is not intended to replace conventional criminal investigation. The database ought to identify the potential suspects, each of whom can then be investigated by more conventional means. During 2008/09 in the United Kingdom, 'almost 6 in 10 crime scene profiles loaded to the National DNA Database were matched to a subject profile'1. There is no possibility of escaping the provision of technical evidence before a court. Doctors, ballistics experts, forensic scientists are already a common feature of the large criminal trial. The jury system is actually a bastion against conviction on account of complicated scientific facts. The British jury is instructed to acquit a defendant where they find reasonable doubt. If the genetic data and associated evidence is insufficiently conclusive, or presented without sufficient clarity, the jury is obliged to find the defendant not guilty. 1 NDNAD. (2009). National DNA Database: Annual Report 2007-09. Retrieved May 19, 2011, from

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: eral philosophy political philosophy house would limit right trial jury some 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"

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: 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: 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 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 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: 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: 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: DNA evidence would reduce the risk of wrongful conviction  The increased use of DNA evidence will minimize the risk of future wrongful convictions. An FBI study indicates that since 1989 DNA evidence has excluded the primary candidate in 25% of sexual assault cases1. This not only saves valuable police time, but ensures suspects are not called in for unnecessary and stressful questioning. Moreover, forensically valuable DNA can be found on evidence that has existed for decades, and thus assist in reversing previous miscarriages of justice. There have been a number of recent, high-profile cases of death row inmates being released on the grounds of DNA evidence, unavailable when they were first convicted. A DNA database would not merely render wrong verdicts right, but prevent such verdicts ever being made. 1 U.S. Department of Justice. (1996, June). Convicted by Juries, Exonerated by Science. Retrieved May 19, 2011, from U.S. Department of Justice:

negative: eral philosophy political philosophy house would limit right trial jury some First, juries are not necessarily fairer or more just than judges, and second, even if trial by jury is an important right, that does not make it an unlimited one. First, there are reasons to believe that juries are less suited than judges to make criminal convictions. See Prop Argument 5 for more detail. But second, even if we do not want to eliminate trial by jury, there are still particular circumstances where it makes most sense to defer to such judges' authority, as we explained in the Prop case. There are already plenty of checks to protect the innocent: for example most systems have right to appeal clauses, safeguards against double jeopardy, presumption of innocence etc. While juries may generally present an added benefit, we believe there are circumstances where having a jury presents too many concerns for it to be a viable option.

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: Wiretapping is a highly effective method which helps to prevent serious crime and secure convictions for criminals.  Wiretapping helps to make society safer; we have the opportunity to prevent serious crime and to uphold the principle of prosecution in the justice system [1] by catching criminals and convicting them. For example, in the UK in 2003, intercepts led to the seizure of 26 tonnes of drugs and also detected wide-scale fraud and money laundering, resulting in 1680 arrests [2] . Without this evidence, these criminals may have escaped the justice system and remained free in society to commit other crimes. It is nonsensical to reject evidence which clearly implicates this individuals who would otherwise be released without charge. As the threat of terrorism escalates and had already damaged many countries [3] [4] [5] [6] , refusal to use this evidence in court puts the public at serious risk and fails to act in the defence of the country in question. For example, if the Norwegian authorities had kept closer tabs on information passed through eBay, they might well have been able to apprehend Anders Breivik before he committed the massacre on Utoya island [7] . Wiretapping is unique in the variety of information it can provide; it can show locations [8] , times [9] , the relationships between those involved [10] and even record specific details of conspiracies [11] . Accordingly, it can also be used to prove the innocence of somebody who might otherwise be wrongly accused or even wrongly imprisoned [12] [13] . The obvious benefits to this motion demand that intercept evidence and wiretapping should be held as legitimate evidence in court.  [1] Page 65:  , accessed 30/08/11  [2]  , accessed 30/08/11  [3] In the UK:   [4] In Norway:  , accessed 30/08/11  [5] In the USA:  , accessed 30/08/11  [6] In Europe and Belgium:  , accessed 30/08/11  [7]  , accessed 30/08/11  [8]  , accessed 30/08/11  [9]  , accessed 30/08/11  [10]  , accessed 30/08/11  [11]  , accessed 30/08/11  [12]  , accessed 30/08/11  [13]  , accessed 30/08/11

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: 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: The controversy which surrounds intercept evidence is far-reaching and very complex.  This debate is not contained within the courtroom but also spans wider principles of legal justice and the rules which uphold democratic law. Even countries which currently allow this evidence, such as certain US states [1] , have noted that it can be difficult to use successfully and without violating past Acts and wider legal principles [2] . Bodies such as MI5, MI6 and GCHQ argue that revealing the ‘evidence’ necessitates revealing how that evidence was garnered; as such, intercept evidence can compromise the security status of intelligence services and their techniques [3] . This kind of method should be reserved, if used at all, for singular, extreme cases such as terrorist activity where all other possibilities for collecting evidence have truly been exhausted. Finally, wiretapping and intercept evidence has been criticised or deemed illegitimate by many legal professionals [4] [5] . For this kind of evidence to be admissible in court, it needs to follow legal principles which have already been set up. There is little evidence that it can do so.  [1]  , accessed 30/08/11  [2]  , accessed 30/08/11  [3]  , accessed 30/08/11  [4]  , accessed 30/08/11  [5]  , accessed 30/08/11

negative: eral philosophy political philosophy house would limit right trial jury some If the situations in which trial by jury can be limited are clearly delineated, governments cannot justify limiting it in unjustified circumstances. Saying that the government can sometimes limit trial by jury is not equivalent to giving it a pass to do so whenever it chooses. Obviously there would need to be clear criteria as to when the government could use its power to remove a jury: factors such as the level of security threat posed by the trial, the magnitude of the crime, the imminence of danger etc. would all need to be considered. Perhaps there could be an extra-governmental body to approve such decisions. It is a slippery slope fallacy to argue that allowing the removal of trial by jury in some cases will lead to the erosion of that right in general. Indeed, many countries already do limit the right to serious, as opposed to petty crimes, and the Opp has not presented any evidence that doing so has had negative results.

negative: crime policing law general punishment society house would disclose previous This point places too much importance on the defendant’s history. In any case, records of their previous convictions must be heard alongside of the facts of the primary crime; any history will always be tempered by discussion of the actual crime. Satisfaction from the justice system will be greater if the public are aware that juries are not simply allowing past offenders to walk free; and if police and prosecution forces are found to be failing at their jobs, then this should be separately addressed and regulated.

negative: Double jeopardy could be abolished by state legislatures for all serious crimes whereby fresh, compelling evidence emerges  The scrapping of the double jeopardy would be practicable if it was permitted for serious crimes, like murder and rape, and only when fresh, compelling evidence of guilt emerges that calls into question the original acquittal. Such restrictions on any scrapping of the rule would not tie up courts in re-trials, for they could only be called for certain crimes in certain, restricted conditions. The British Law Commission in a 2011 review concluded that whilst the ancient rule of double jeopardy is of 'fundamental importance', it should be possible to "quash acquittals in murder trials where there is 'reliable and compelling new evidence of guilt'". In practise, this would preserve the traditional advantages of the law, whilst ensuring that those who are guilty, and can be proved so, do not remain free.

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: The opposition is unable to conclusively prove that the growth in the prison population and the reduced effectiveness of rehabilitation is a direct result of over-criminalisation.  It may be true that the list of non-traditional crimes is expanding, but the harm that the resolution is seeking to address arises in the prison system, not in politician’s manifestos.  The majority of offenders imprisoned in the USA and the UK have committed genuine crimes, albeit of a petty or non violent nature. Once exposed to the prison system the criminal tendencies of these individuals are entrenched, rather than eliminated. The prison system does not transform unwitting and harmless offenders into criminals – it makes criminals out of desperate, poorly socialised or ignorant offenders. The prison system harms those placed in its care because it is no longer able to carry out its rehabilitative objectives.  The failure to rehabilitate those convicted of “ordinary” criminality impacts on the prison system itself, when recidivism and social exclusion lead to offenders being repeatedly convicted.  The root cause of the problems in the status quo is not the creation of too many crimes, but a failure to accept the contemporary reality of crime and criminal behaviour. Flogging would allow policy makers to engage with this reality, while satisfying the fundamental need to see wrongdoing punished.  The danger posed by over-inclusive corporal sentences is neatly eliminated by the balancing of judicial and legislative power in liberal democracies. Judges are given discretion in order to allow them to mitigate the effects of atavistic, unreasonable, disproportionate or populist manipulations of the law. If a judge believes that flogging would be excessive or unnecessary, given the nature of an offence, he will usually be free to hand down a different sentence.

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: crime policing law general punishment society house would disclose previous Unfortunately, empirical evidence shows that past offenders are more likely to commit further offences [1] . Revealing past convictions could be a good indicator of how likely it is that the defendant could have committed a crime, particularly if it is a similar crime to one committed in the past. Acquitting a defendant of a crime which they had previously committed could easily create public outrage and discredit the justice system; it is only fair that past convictions should be taken into account alongside the rest of the evidence.  [1] Edwards, Richard, ‘Half of all criminals re-offend within a year’, The Telegraph, 5 September 2008.

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: 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: ICC necessary to provide fair trials  Domestic legal systems will often suffer from a lack of judicial independence and potentially politicised prosecutions, and are also open to allegations of victors’ justice, or whitewashes by a judiciary biased towards the winners of the conflict.  The ICC, as an effective court and with an independent judiciary, provides a suitable and unbiased climate for these cases to be heard in. While it is difficult to give any former head of state a fair trial, it is even more so in cases involving states divided along ethnic and political fault lines where any conviction could be seen as one based on continuing hatreds rather than evidence and criminal procedure.  In addition, the principle of complementarity means African states can prosecute on their own if they wish.