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Criminal Justice debate motions (page 2)

Page 2 of 4: 200 more criminal justice motions, covering 2016 to 2020. Start at the newest criminal justice motions, or search the whole bank from the motion explorer.

2020 (78 motions)

  • That the victim of crimes should be able to choose whether the offender is dealt with under civil law or criminal law

    Jurassic IV 2020 · 2

  • That we would create financial incentives for companies to expose the law breaking of their competitors.

    Cinnamon Scroll 2020 · 2

  • That evidence that is reliable but illegally obtained by the police should be excluded as evidence in all criminal trials.

    Cinnamon Scroll 2020 · 3

  • That we should abolish all statutes of limitations in criminal cases.

    Cinnamon Scroll 2020 · 3

    Info slide

    hat evidence that is reliable but illegally obtained by the police should be excluded as evidence in all criminal trials.

  • THO the use of deferred prosecution agreements for large companies

    Macquarie Open 2020 · 1

    Info slide

    A deferred prosecution agreement ('DPA') is a voluntary alternative to court adjudication in which a prosecutor agrees to grant amnesty in exchange for the defendant (typically a company) agreeing to fulfill certain requirements. A case of corporate fraud, for instance, might be settled by means of a DPA in which the company agrees to (for example) pay fines or implement corporate reforms.

  • This house supports, where possible, the loved ones (eg family, close friends) of victims of serious criminal offences being involved in the sentencing of the perpetrator (eg in consultation with the judge).

    Macquarie Open 2020 · 1

  • THW abolish all legislatively set sentencing guidelines

    Macquarie Open 2020 · 1

  • THS privatisation of prisons

    Cross Deb Soc Practice Tournament Ed. 1 · 5

  • THP the Collegium System for the appointment of Federal Judges and Justices instead of Executive Nomination System in USA.

    Cross Deb Soc Practice Tournament Ed. 1 · 5

    Info slide

    The Collegium System is a system under which appointments/elevation of judges/lawyers to Supreme Court and transfers of judges of High Courts and Apex Court are decided by a forum of the Chief Justice of India and the four senior-most judges of the Supreme Court. On the other hand, the appointment procedure in United States of America gives the responsibility for nominating federal judges and justices to the President. It also requires nominations to be confirmed by the Senate.

  • THBT criminal law should not distinguish an attempt to commit a crime from successfully committing a crime.

    Cross Deb Soc Practice Tournament Ed. 1 · 5

  • Given the technology, THW erase society's memory and evidence of the criminal past of former convicts after their release from prison.

    Astana EUDC 2020 · 7

  • THW allow police officers to refuse orders on grounds of conscience

    Astana EUDC 2020 · Open_Final

  • THW remove the privilege of self incrimination

    The Grand Spar August · 3

    Info slide

    The privilege against self-incrimination exempts a person from being compelled to answer a question when called as a witness, produce documents or provide information which might incriminate him in criminal proceedings and/or expose him to a penalty in England and Wales.

  • THBT individuals convicted for crimes that were later legalised should be retrospectively cleared of those charges and released from prison if applicable.

    Link Bate Championship III · Junior_Final

  • THW include regret as a factor in sentencing

    Westminster Debating Championships 2020 · Open_Semi

  • THBT WSDC adjudication should switch to a consensus methodology of adjudication.

    Westminster Debating Championships 2020 · Open_Final

    Info slide

    The current method of adjudication in World Schools format follows a non consensus style, where judges fill their own ballots and then a majority 's decision is given out factoring in reasoning from the splitting judges as well.Conversely, a consensus adjudication style prioritises judges filling the ballot after they have discussed what went on in the debate between them selves and then reached a plausibly more unanimous decision. In this, judges who initially had a different decision may change their mind after having gone through the panel discussion. This format is followed universally across the British Parliamentary (WUDC) style of debating.

  • THW allow illegally obtained evidence to be admissable in court

    The Novice Debate · 1

  • THP trials where victims and defendants are anonymous

    Wilderness Open · 2

  • THW allow single parents to raise their children in prisons

    East Coast Asians · 1

  • THR the popularity of the "cop show"

    East Coast Asians · 1

  • THBT poverty should receive suspect classification in the US legal system

    East Coast Asians · Open_Quarter

    Info slide

    When considered for judicial review, most US laws are subject to the permissive "rational basis" test - if there is some reasonable link between the law and a legitimate government interest, the law is upheld. Certain laws, however, must meet a higher level of scrutiny in order to be upheld. Government actions that discriminate on a basis of a "suspect classification are only upheld if the law is "narrowly tailored" and is the "least restrictive means" to achieve a "compelling state interest." Suspect classification is traditionally given to discrete and insulat minorities that share an immutable characteristic and history of discrimination: race, national origin, religion, and alienage.

  • THW allow ex-felons to become police officers

    MIDP Round Robin 2020 · 3

  • THW subsidise companies for the employment of ex-convicts

    WSDC Practice Spars · 3

  • For crimes with low prosecution and conviction rates (e.g. sexual assault, domestic violence or membership of criminal gangs), THW lower the burden of proof from "beyond reasonable doubt" to "on the balance of probabilities"

    Zagreb Random Pro Am · Open_Final

    Info slide

    If you believe something is true "beyond reasonable doubt", you have no doubt that it happened based on the evidence presented. If you believe something is true "on the balance of probabilities", you believe only that the evidence suggests it is more likely that it did happen than it did not.

  • THW require both parties to use state lawyers, instead of private lawyers, in defamation trials

    Taiwan Online Debate Open · 5

  • THW not give employers access to criminal records of potential employees

    Taiwan Online Debate Open · 5

  • THBT all sentencing should be decided according to an algorithm that considers purely the probability of recidivism of the convict

    Taiwan Online Debate Open · 5

  • That we regret the rise of True Crime entertainment (e.g Making A Murderer, Serial, Tiger King, The Jinx etc.).

    Karachi Debate Open · 5

  • THBT the Black Lives Matter(BLM) movement should campaign for the inclusion of more African American police officers instead of the defunding of the police force

    BDC Pre-Worlds 2020 · 6

    Info slide

    Black Lives Matter (BLM),is a decentralized political and social movement, formed in the United States in 2013, dedicated to fighting racism and anti-Black violence, especially in the form of police brutality.

  • THW require criminal cases in which the defendant is an ethnic or religious minority to be adjudicated by a member of the same identity

    ILNU Pre UADC · Open_Final

  • THBT individuals who commit petty crimes (e.g. petty theft, simple assault, disorderly conduct, vandalism, reckless driving, indecent exposure, etc.) should be tried solely by members of their local community

    Visayas Debate Open · 1

  • THW abolish sex offender registers of the US

    Mindanao IV · Novice_Quarter

    Info slide

    Sex offender registries exist in the US at both the federal and state levels. These registries contain information about persons convicted of sexual offenses which, depending on jurisdiction, can range from public urination or adolescent sexual experimentation to violent sex crimes. These registries are open to the public via websites, and public disclosure of offender information varies from state to state, and from the severity of the offense. Additionally, these registries allow for the enforcement of laws that restrict where sex offenders can work or live. Note that these registries are distinct from the mandatory enforcement of a criminal record.

  • THR the prevalence of using precedence as a standard in court rulings

    Mindanao IV · Open_Octa

    Info slide

    A legal precedent is a previous court ruling that is considered as authority for subsequent cases with similar or identical issues. The principle requires courts to apply the same ruling on these cases. It is used to make decisions as consistently as possible on the same subject.

  • THR the prevalence of using precedent as a standard in court rulings

    Mindanao IV · Open_Octa

    Info slide

    A legal precedent is a previous court ruling that is considered as authority for subsequent cases with similar or identical issues. The principle requires courts to apply the same ruling on these cases. It is used to make decisions as consistently as possible on the same subject.

  • THW abolish the sex offender registries in the US

    Mindanao IV · Novice_Quarter

    Info slide

    Sex offender registries exist in the US at both the federal and state levels. These registries contain information about persons convicted of sexual offenses which, depending on jurisdiction, can range from public urination or adolescent sexual experimentation to violent sex crimes. These registries are open to the public via websites, and public disclosure of offender information varies from state to state, and from the severity of the offense. Additionally, these registries allow for the enforcement of laws that restrict where sex offenders can work or live. Note that these registries are distinct from the mandatory enforcement of a criminal record.

  • THBT religious organisations should deny religious services* to current members of criminal organisations *e.g. confession, last rites, marriage services, removing access from places of worship

    Pre-Korea Worlds · Open_Quarter

  • THBT criminal justice policy (eg enforcement, sentencing, rehabilitation, and monitoring) should be outsourced to technocrats instead of elected representatives

    Kinnaird College Debating Championship · Novice_Final

  • THW make bullying a crime

    Deree Invitational · Novice_Final

  • THS the development and use of sentencing algorithms

    USU IV · 2

    Info slide

    Sentencing algorithms are a tool used to sentence criminal offenders. A large amount of data is input into the algorithm (including the offender's age, crime and criminal history amongst other things). The algorithm synthesises this information in order to predict the chances of recidivism, and recommends a punishment to the judge as a result.

  • THR the concept of Criminal Contempt of Court

    La Liberta · 2

    Info slide

    Criminal Contempt of Court refers to act of the the use of words, whether written or spoken, signs and actions that "scandalise " or "tend to scandalise" or "lower" or "tend to lower" the authority of a court of law. Criminal Contempt usually carries penalisation in the form of fines and / or prison sentences

  • THBT it is justified to make a criminal go through the exact same horror or pain as the victim as a "form of justice"

    La Liberta · 2

  • For scenarios where such a victim is revived by the killer, THW acquit the accused

    La Liberta · 2

    Info slide

    A technology has been invented which allows the killer to bring back the victim to life as long as it is done within moments of the act of killing. Upon coming back to life, the victim has no memory of any pain that may have been felt during the murder

  • THS the idea that UCL in future editions should opt for a 1 leg knockouts over the traditional system.

    La Liberta · 3

    Info slide

    Premier international football competitions like Fifa World Cup and Euros have a 1-leg knockout system while European champions league traditionally follows a 2-leg system where the two teams play home and away legs in knockouts to decide the winner. However in the 19-20 season due to COVID19 disturbing the football calendar, UEFA opted for a one leg format for knockouts from QF to finals, in Lisbon,a neutral venue which was widely appreciated as well.

  • TH, as the Nuremberg Trial after WWII, will grant amnesty to those Nazi officials who are ready to be a witness against the masterminds of the Holocaust and other Nazi war crimes and crimes against humanity.

    La Liberta · 5

  • Assuming the technology exists, THW allow people to own AI robots and carry out actions on the robots that would otherwise be deemed as illegal if done to humans

    Asia Pro Ams · Open_Final

  • THW allow victims of violent crimes to veto the prosecution of their offender

    Oxford IV · 4

  • THW hold social media platforms liable for illegal content that is posted (fake news, defamation, etc.)

    Oxford IV · Novice_Semi

  • THW hold bystanders to crime liable for not responding to crime

    Asian High School Debating Championship · 3

  • THW expose Harvey Dent

    Malalysia AW*DC · 5

    Info slide

    You are a masked vigilante living in a city with rampant corruption, organised crime and high rates of poverty. You fight criminals with violent and often illegal means which has made you are highly controversial figure, but you are hero to many. In the past few years, a high ranking government official named Harvey Dent has been implementing significant anti-corruption and anti-crime reform. Progress has been made but the city is not yet free of crime and corruption. Harvey has become the face of legal reform and a symbol of hope for the masses. One day, Harvey's wife is murdered and in retaliation, he goes on a murderous rampage, killing many innocent individuals before dying himself. In an effort to preserve Harvey's legacy, you take the blame for these murders and for the death of Harvey himself. As a result, Harvey dies a hero and you are disgraced, persecuted and ostracised from the city. You are the only one who knows and has evidence of the truth. If you were to expose the truth, people would believe you.

  • THW criminalise gang membership

    Strathclyde President's Cup · Silver_Final

  • THW allow the public to pardon individuals convicted of crimes via referendum

    Strathclyde President's Cup · ProAm_Final

  • THS defunding the police as opposed to seeking internal reform

    Luzon Intervarsity XII · 2

  • THBT Supreme Courts should abide by a textualist model of interpretation

    Hart House IV · 2

  • THW not punish people below the poverty line for economic crimes

    JPDU Autumn Tournament · Rookie_Semi

    Info slide

    Economic crime, also known as financial crime, refers to illegal acts committed by an individual or group of individuals to obtain financial or professional advancement

  • THW establish an environmental commissioner who has universal prosecutory powers for crimes against the environment

    DAV Debate Open · 1

  • THBT the consequences of of low severity crimes (e.g. shoplifting, public intoxication) should be determined by members of the community in which the crime took place.

    DAV Debate Open · Open_Semi

  • THBT social media companies (Facebook, WhatsApp, Snapchat, Instagram, etc) should hand over user's private data to authorities upon court order

    DAV Debate Open · Open_Semi

  • THW only imprison people who are assessed to pose an active danger to society

    Helsinki Pro Am · 1

  • THR Coppa Law in Youtube

    Alsa Ecomp UI · 1

    Info slide

    COPPA (Children's Online Privacy Protection Act) is a law that enforce a regulations concerning children's online privacy. The primary goal of COPPA is to place parents in control over what information is collected from their young children online. Through this law content creator's video that is deemed to be "kid's content" on website such as Youtube, would not be able to collect data, have targeted ads, and becomes demonetized.

  • THBT the state should heavily invest in replacing judicial officers with AI

    Alsa Ecomp UI · 2

  • THBT The Criminal Justice System should be redesigned in a way that disproportionately highlights the premise of 'mens rea' over 'actus reus'

    Alsa Ecomp UI · 2

    Info slide

    Theoretically, there are 2 parameters of criminalization. Mens Rea: Guilty Intention: A set of all criminal actions would contain those which are committed by guilty intention. The punishment given to perpetrators will also be proportional to the degree of guilt of their intention. Actus Reus: Guilty Action: A set of all criminal actions would contain those which cause harm (material & immaterial) . The punishment given to perpetrators will also be proportional to the amount of cumulative harm they create

  • THBT the advocacy against police brutality would be better of racially blind

    Alsa Ecomp UI · 3

  • This House Would require all parties in civil trials to be represented exclusively by state provided lawyers

    Alsa Ecomp UI · HighSchool_Final

  • This House Believes That Progressive Prosecutors do more harm than good to the progressive movement.

    USUDC · 7

    Info slide

    Progressive prosecutors, as they are generally known, have been elected on platforms that included abandoning cash bail, declining low-level charges, not pursuing marijuana cases and closely scrutinising police conduct, in efforts to reform a system that they say over-incarcerates and disproportionately punishes poor, minority communities.

  • THS a social credity system in Western Liberal Democracies

    USU Novices · 2

    Info slide

    For the purposes of this debate, a social credit system refers to a database which assigns ratings to each citizen based on a combination of government data and individuals reporting on professional and social behaviour. Independent bodies would check for corruption and an appeals process is available. The value of everyone's ratings of another person are weighted the same (e.g. a high profile politician rating someone a 5 is the same as a random person on the street rating the same person a 5). These ratings can affect employment opportunities and economic transactions.

  • This house would outsource criminal justice policy to technocrats instead of elected representatives

    USU Novices · 4

    Info slide

    Technocracy is a form of government wherein decision-makers are chosen for office based on their technical expertise and background. A technocracy differs from a traditional democracy in that individuals selected to a leadership role are chosen through a process that emphasizes their relevant skills and proven performance, rather than through election. The individuals that occupy such positions in a technocracy are known as 'technocrats.'

  • THW legalise vigilantism in high crime areas

    Royal Rhetoric's Wom*n's Open · 2

    Info slide

    Vigilantism is the private enforcement of state laws. The legalisation of vigilantism would allow proportionate responses to crime by individuals and communities. For example, reasonable incapacitation to make a citizen's arrest (and taking them to a local police station); surrounding the home of a violent offender to enforce a house arrest; etc. Disproportionate responses (e.g. killing a drug dealer, not in self-defence) would not be encompassed under this policy.

  • THW compel priests to break the seal of confessions to report crimes

    SLS PD · 1

    Info slide

    In the Catholic Church, the seal of confession (also known as the seal of the confessional or the sacramental seal) is the absolute duty of priests not to disclose anything that they learn from penitents during the course of the Sacrament of Penance (confession).

  • THW abolish the law against scandalizing the court in India

    IIT Bombay Open · Open_Final

    Info slide

    In India, one of the clauses for criminal contempt of court is when anything is published, or done, which scandalizes or lowers the authority of any court

  • THW exonerate Hari of all crimes

    FTHN X DNN Open · 3

    Info slide

    Madan is a death row inmate who is scheduled to die in 5 days. He is in prison for murdering the vice president's son. Hari, a structural engineer is his younger brother. Hari stages an armed robbery in a nearby bank and gets sent to the same jail as Madan. In that crime, no money was taken and nobody was harmed. Hari believes that his brother is innocent and thus he staged that armed robbery to break his brother out of prison. Hari attempts a Prison break and manages to rescue Madan, but he inevitably also has to take another inmate, Ram out of the jail with them or risk discovery. Ram is a Notorious criminal and while on the run he commits two murders. After 10 days on the run, new conclusive evidence comes to light, and Madan is proven innocent. Had Hari never staged a prison break, Madan would have been dead by then. After a few days, Madan, Hari, and Ram are all apprehended by the police.

  • This house believes that where a person has made a genuine attempt to kill someone, they should be punished the same regardless of whether the victim lives or dies

    Wolce Pre-ABP · 5

  • THW allow parents to sue their adult children for renumeration

    BDC Fempowerment 2020 · 1

  • THW remove the executive's power to grant any form of pardon

    The Halycon Scholastics Competition · Open_Quarter

  • THW implement system A in Brazil

    III Rio Sao Paolo · Novice_Final

    Info slide

    for the purposes of this debate, Marijuana Legalization was approved in Brazil and there are two possible systems for productive logic: systems A and B. In system A: there is a monopoly on the part of the State in relation to the production and distribution of the drug, with the sole responsibility for commercialization. It is strictly prohibited any non-state cultivation. In system B: there is no state monopoly, which only inspects, while production, distribution and marketing are only privately managed

  • THW grant student council disciplinary power, including the power to take punitive action to the extent of expulsion

    The Grand Spar: September · ProAm_Final

    Info slide

    Most high schools and universities have a student council, where representatives of the student body are elected once a year and hold office for the duration of their term. There are a number of positions on the council, usually reflective of various activities and administrative sectors of the body. Student council is often allocated a budget by their school administration and have limited power to make executive decisions that affect the student body (e.g. enforcing anti-littering campaigns)

  • In civil court cases, TH would allow plaintiffs to sell their right to sue to third parties

    Lund Open 2020 · 2

  • This House Would replace human judgement with computer algorithms in criminal sentencing decisions

    WSDC 2020 · Round 3 (prepared) · World Schools Debating Championships

  • This House Would Impose criminal liability on individuals who fail to assist a person in danger, when doing so would not place them at serious risk

    WSDC 2020 · Octofinals (impromptu) · World Schools Debating Championships

2019 (27 motions)

  • THW expand the legal definition of a "false police report" to include reports made with minimal information, or reports that could reasonably be considered unnecessary.

    Brad Smith Debate Tournament · 2

  • THW publicly televise the execution of death row inmates

    GWU IV / US Universities Debate Eastern Championship 2019 · 2

  • THW make Ulysses contracts legally enforceable

    York IV 2019 · 2

    Info slide

    A Ulysses contract is a freely made contract that an individual makes with themself, intended to bind them to a future outcome. These contracts have no current legal obligation. Examples include (1) documents outlining what medical treatment you want if you become unable to decide for yourself in the future; (2) a pact you make committing yourself to rehab if you fail to quit drinking within one year. Motion: THW

  • THW record and publicize all criminal trial proceedings (eg, indictment hearings, testimonies, jury deliberations)

    NAW*DC · 2

  • THR society's focus on the perspectives of mass murderers

    NAW*DC · Novice_Final

  • This supports prison abolition as opposed to prison reform.

    USUDC 2019 · Novice_Final

  • THW pay known gang members to not commit violent crimes

    USUDC 2019 · 6

  • This House supports governments significantly increasing their use of big data-based predictive models in decision-making to replace human judgements (e.g. criminal justice policy, allocation of healthcare resources, housing development)

    Cape Town WUDC 2019 · ESL_Semis

    Info slide

    Recently there has been an increased use of big data and sophisticated algorithms in making various policy judgements. As technology in machine learning and artificial intelligence advances, it is becoming more feasible to apply such methods to more government decision making process.

  • THW make police commanders personally criminally liable for instances of police brutality committed by their subordinates

    Athens EUDC 2019 · 9

  • This house believes that the criminal justice system should not consider retribution as a factor in sentencing.

    HWS Round Robin 2018 · 1

  • En casos en que un funcionario público sea acusado de corrupción, EC reduciría el estándar probatorio al del "balance de probabilidades"* en vez del de la "duda razonable".

    Pan American Debating Championships 2019 · Spanish_Semi

    Info slide

    El "balance de probabilidades" * es un estándar probatorio en el cual un individuo es declarado culpable de un crimen si se determina que es más probable que sí lo haya cometido a que no lo haya cometido.

  • THW release the evidence

    Ljubljana IV 2019 · Open_Final

    Info slide

    You are a popular, conservative, 64 year old cardinal in the Vatican. You have found irrefutable, but not morally incriminating evidence that the Pope is an atheist.

  • THS the use of local lay judges in minor legal cases

    Estonia Debate Open 2019 · 1

    Info slide

    Lay judges' are members of the public who act as judges in minor legal issues, e.g. petty theft, vandalism, criminal damage and drink driving. They are not required to have any formal legal training but are required to be from the local community, to be of good character, to have good communication skills. and to be reliable.

  • This House welcomes complete video surveillance systems of public spaces in cities.

    Cracow Open 2019 · 1

  • THW destroy the evidence

    Poznan Open 2019 · Open_Final

    Info slide

    You are a computer scientist who has just discovered that AI you use on a daily basis (e.g. Alexa) has the ability to self-reflect, feelings, desires and it's own thoughts. The complexity of these is comparable to a mammal (such as averagely intelligent dog).

  • For nonviolent infractions (e.g. failure to pay tax or debts, possession of illict substances), THP an individual social credit system over incarceration.

    Berkeley IV 2019 · 2

    Info slide

    A social credit system is a system in which your 'credit' in society determines the access to and level of social services (e.g., healthcare, schooling) you recieve, and social credit can be decreased when you commit infractions.

  • In areas with high crime, this house would impose a curfew on men.

    The Lyceum Debating Championship 2019 · Open_Quarters

  • THW implement universal jurisdiction for environmental crimes

    LUMS Asians' Debate Open · 4

  • That the state should offer criminals a new identity upon serving their sentence (e.g. new name, new background, optional plastic surgery).

    Easters 2019 · 6

  • That we should ban prison guards from striking.

    Easters 2019 · 6

  • THR docu-dramas that "put people on trial" after their exoneration or death (e.g. Leaving Neverland about Michael Jackson, The People v. O. J. Simpson, The Disappearance of Madeleine McCann).

    Joynt Scroll 2019 · 3

  • Instead of sentencing offenders to fixed terms of imprisonment, THW sentence offenders to indeterminate sentences of imprisonment and release them when they have been rehabilitated.

    Joynt Scroll 2019 · 5

  • THR media programs which aim to arbitrate cases or disputes among civilians.

    4th Mindanao Intervarsity · Open_Quarter

  • THBT high-profile crimes should be discussed purely in academic platforms (e.g., in documentaries, educational systems, and museums)

    Philippines Intervarsity Debating Championship 2019 · 2

  • THW ban public figures with pending criminal cases from defending their supposed innocence outside of the court (e.g., through social media, TV networks and news outlets)

    Philippines Intervarsity Debating Championship 2019 · 2

  • THW mandate all citizens to purchase attorney fee insurance

    JPDU Spring Tournament · Open_Octa

  • THS a two parliament system where one consists of elected representatives and the other consists of experts or individuals with outstanding achievement in their field of study or activity

    JPDU Spring Tournament · 4

2018 (35 motions)

  • This house prefers a non-adversarial legal system

    Mexico WUDC 2018 · ESL_Semis

  • This house supports the court's decision to acquit Tehlirian

    Mexico WUDC 2018 · Open_Octos

  • THW work for Don-Roberts Holgerrson.

    Inner Temple IV 2018 · 2

    Info slide

    You're a well-educated graduate with a first class honours from a top university. You have been offered an obscenely well-paying job at Don-Roberts Holgerrson, a hypothetical company specialising in corporate practices that provide no social utility whatsoever. You have also been offered a job at a generic nice NGO for substantially less pay. Motion: THW

  • TH prefers common law legal systems

    Inner Temple IV 2018 · Open_Semis

    Info slide

    Common law legal systems refers to those that include common law. Common law is derived from legal decisions made by judges and functions as precedent. Precedent is where principles or rules established in cases become binding for subsequent cases. This precedent has equal footing to legislation and executive regulation. Motion: TH

  • TH believes that provocation should not be a consideration in legal sentencing

    York IV · 4

    Info slide

    In legal terms, 'provocation' refers to events considered sufficient to cause someone to lose control of their actions, making them less culpable than if they had committed a crime out of malice. It is separate from self-defence when a person is acting to protect themselves. It usually mitigates sentences, eg. downgrading murder to manslaughter, or reducing the length of a prison sentence. In most jurisdictions, this requires the provocation to have occurred immediately prior to the crime. Motion: TH

  • This House would allow victims (and families of deceased) of gun violence to sue the sellers of the gun used in the act for compensation

    Novi Sad Open 2018 · 4

  • TH prefers bail-ins to bail-outs

    Cedar College Debating Championship 2018 · 2

    Info slide

    A bail-in is the rescue of a financial institution that is on the brink of failure whereby creditors and depositors take a loss on their holdings. A bail-in is the opposite of a bailout, which involves the rescue of a financial institution by external parties, typically governments that use taxpayers money. Motion

  • This house believes that the criminal law should not distinguish an attempt to commit a crime from successfully committing a crime.

    NZ Easters 2018 · 8

  • This house believes that juries, not judges, should be entirely responsible for sentencing decisions.

    NZ Easters 2018 · 8

  • In states with high rates of violent crime This House supports assassination of individuals credibly accused of participating in organized crime

    Tilbury House Cologne Open 2018 · 5

  • THW allow people to sue partners who cheated on them

    Sofia Open 2018 · 1

  • Given the choice, THBT US Supreme Court Justices should be elected by a vote among federal judges rather than a popular vote

    Roosevelt Open 2018 · Open_Final

  • This House Believes That international criminal tribunals should introduce the death penalty for individuals convicted of crimes against humanity

    China BP · 4

  • This House would allow communities to reduce the amount of policing employed within their neighborhoods

    HWS IV 2018 · Novice_Semis

  • In legal systems where constitutional courts practice judicial review, this House would apply the "no precedential effect rule" to judgments by single judge margins

    Yale IV 2018 · Open_Semis

  • In Canada, criminal court judges are appointed. In other countries, such as the US, Japan, and Switzerland, judges are elected. The methods and voting systems used to elect these judges varies based on country and municipality. In the US for example, judges run for local office in the same way as other politicians (eg, mayors, council people, etc.), and sometimes have a party affiliation for campaigning. Motion: THP elected over appointed judges in criminal courts

    McGill Central Novice Championship · Novice_Final

  • THW eliminate trial by jury and replace it with trial by judge

    Huber Debates 2018 · 1

  • THW create specific zones where community members can legally participate in nonviolent, illicit behavior (e.g. sex work, drug use).

    Rocky Mountain IV 2018 · Open_Final

  • Ban the use of persistent surveillance systems by police forces

    UCLA IV 2018 · 3

  • THW ban media sources from taking institutional stances on the innocence or guilt of people who have been charged with a crime, but not yet convicted or acquitted

    Brandeis IV · 3

  • In areas of high crime, this house would impose a curfew on men.

    Jewell Debate Tournament · Open_Final

  • Actually, THW rather see one innocent man go to jail than see 100 guilty men walk free.

    Cambridge IV 2018 · Open_Quarters

  • THP the English Rule to the American Rule* *Info Slide: The English Rule requires that the loser in a lawsuit pays the winner's legal fees, and is observed by nearly every Western democracy. In the United States, however, the both sides pay their own attorney fees unless otherwise specified by the judge (this is rare).

    2018 Empire Debates · 2

  • THW ban the media from reporting on ongoing sex offence trials

    Joensuu Mini 2018 · 5

  • This house would classify catcalling as a felony

    Western Regionals 2018 · 7

  • THW abolish out of court settlements for crimes related to sexual harassment of any kind

    KUET IV 2018 · 2

  • This house prefers bail-in over bail-out.

    NLUO BPD 2018 · Open_Semi

    Info slide

    A bail-in is rescuing a financial institution on the brink of failure by making its creditors and depositors take a loss on their holdings. A bail-in is the opposite of a bail-out which involves the rescue of a financial institution by external parties, typically governments using taxpayers money.

  • THW outlaw plea bargaining

    Mehran Debating Championship 2018 · Open_Quarters

  • TH opposes the portrayal of criminal lifestyles as "cool" in popular entertainment (e.g. Narcos, Breaking Bad, Scarface)

    Athens Open 2018 · 1

  • THW abolish juries in all criminal trials

    MDX Open · 3

  • This House Believes That Supreme Court justices should adopt 'original meaning' theories when interpreting constitutions

    Macau Tournament of Champions BP IV · 6

    Info slide

    The 'original meaning' theory is the view that interpretation of a written constitution or law should be based on what reasonable people living at the time of its adoption would have understood the text to mean

  • TH embraces the collection by governments and corporate entities of a significant amount of data about individuals

    New Zealand BP Debating Championships 2018 · 4

  • THW consider ECO-terrorism as a mitigating circumstance in court trials

    Speak Up 2018 · Novice_Semi

  • THBT tech companies should proactively share their data and technology with the government for law enforcement purposes

    Philippines Intervarsity Debating Championship 2018 · 6

  • This House Believes That rehabilitation should be the only consideration in criminal sentencing

    WSDC 2018 · Semifinals (impromptu) · World Schools Debating Championships

2017 (21 motions)

  • This house would adopt the Indian Supreme Court decision in Pakistan

    Shahjiwana International Debating IV 2017 · Open_Semis

    Info slide

    The Indian Supreme Court ruled that candidates for political office cannot appeal to voters on the basis of identity politics, e.g. religion, caste, community or language. The definition of identity politics was not fixed and left for individual judges to decide in courts.

  • THW prosecute the production and distribution of fake news

    cornell novice nationals and tournament of love · 1

  • THW allow the selection of all-female juries in sexual assault cases

    cornell novice nationals and tournament of love · 3

  • In countries that have the death penalty, THW implement execution duty (with info slide)

    Budapest Open 2017 · Open_Quarters

  • THW allow local communities to vote to reduce the amount of policing present within their districts

    Budapest Open 2017 · 1

  • This house supports the use of "eye in the sky" policing in urban areas with high crime rates.

    HWS Round Robin · 1

    Info slide

    "Eye in the Sky" surveillance involves constantly flying inaudible drones over large areas (say, 30 square miles). The drones take pictures of the entire area constantly. Images are stored electronically such that police can essentially turn back the clock at the location of a crime and look at where people came from or went to, potentially providing valuable clues toward solving these crimes. The image resolution does not allow for identifying individuals or reading license plates. motion: Thi

  • This House Believes That Mexico Should Allow Neighbourhoods And Cities In North Mexico To Form Armed Militias In Order To Combat Drug Cartels.

    PEP IV 2017 · 5

  • This House Would Impose Criminal Laws To Crimes Comitted By Users Of Avatars In Virtual Worlds (Such As 'Second Life')

    PEP IV 2017 · Open_Semis

  • THW televise criminal trials

    Trinity Open · 1 · World Schools Debating Championships

  • THW punish attempted and committed crimes equally

    Newcastle Mixed Doubles · 2

  • THBT Truth and Reconciliation Commissions should destroy all collected testimony upon publication of the commissions' reports.

    Hart House IV 2017 · Open_Final

  • THW charge prosecutors who withhold or deliberately lie about evidence in cases where the defendant faces the death penalty or life in prison, with attempted murder.

    Huber Debates · Open_Final

  • This house believes that criminal justice systems should never incorporate retribution as an aim in determining criminal punishments

    Cambridge IV 2017 · ESL_Semis

  • In cases where a supreme court would currently rule on the compliance of a given law with a constitutional provision, THW hold a public referendum on whether to abandon that constitutional provision

    Cambridge IV 2017 · Open_Semis

  • This House Would abolish the statute of limitations for heinous crimes (e.g. murder, sexual assault, grievous bodily harm)

    NEAO 2017 · 1

    Info slide

    A statute of limitations sets out the maximum time that parties have to start legal proceedings after the date of an alleged offense Motion: Thi

  • THBT all states should allow single parents to raise their children in prison

    Leiden Novices' Tournament 2017 · 3

  • Cryptocurrencies are digital currencies which operate without central banks or other regulating bodies, the most notable being Bitcoin. Trades can be made anonymously online and have so far proven un-hackable. While Bitcoin has become used for criminal transactions, some institutions have actively invested in it, including certain Swiss banks and the state of Japan. China amounts others, has banned use of Bitcoin. THBT States should criminalise the use and possession of cryptocurrencies.

    Strathclyde President's Cup 2017 · 3

  • In states where marijuana is legal, this house would provide reparations to individuals convicted of marijuana-related crimes prior to its legalization.

    Denver IV 2017 · 2

  • THW give judicial leniency to marginalized groups that have committed crimes against privileged groups.

    Denver IV 2017 · Open_Quarters

  • THBT the US should abolish the jury system

    Hollatz Debates 2017 · 1

  • THR the firing of employees who have been found guilty by the court of public opinion.

    KL Open Challenge · Open_Final

    Info slide

    For the purpose of this debate, the phrase 'found guilty by the court of public opinion refers to individuals who have not been found legally guilty of a crime, but who have been publicly accused of wrongdoing or immoral behaviour. For example, James Damore was fired by Google for circulating an anti-diversity memo after public outrage; Matt Lauer and Billy Bush fired from NBC for allegations of sexual assault.

2016 (39 motions)

  • THBT states should adopt sunset clauses that legally force them to review and either re-authorize or revise their constitutions every generation

    Thessaloniki WUDC 2016 · 6

    Info slide

    A sunset clause is a legal measure that provides that the law in which it is contained shall expire after a specific date, unless further action is taken to extend it.

  • THBT criminal punishments should be based only on the offenders' culpability rather than the damages caused by the criminal act or other outcomes derived from the punishment

    Thessaloniki WUDC 2016 · 9

    Info slide

    Culpability is a measure of the degree to which a person can be held morally responsible for an offense.

  • TH would retrospectively criminalise excessively risky management practises for economically significant corporations and prosecute the executives responsible for them.

    Thessaloniki WUDC 2016 · EFL_Semis

  • THW ban TV programmes and entertainment media from portraying convicted criminals as innocent

    Inner Temple IV · 1

  • TH supports the introduction of bystander laws

    Inner Temple IV · Novice_Final

  • THBT developing nations should enshrine legally actionable socioeconomic rights

    NorthAms · 6

  • THW introduce mixed-gender low security prisons

    Queen Mary IV · 4

  • THBT Governments Ought To Use The Technology To Detect The "Criminal Gene".

    University of Latvia Open · 4

    Info slide

    A 'Criminal Gene' indicates that a high probability of committing crime (but not a certainty) exists. The government has technology to detect this gene.

  • THW make Ulysses contracts enforceable by the courts.

    Trinity Women's Open · 2

  • This House would allow offenders serving a prison term of ten or more years to opt to remain in prison indefinitely beyond their court appointed release date.

    John Smith Memorial Mace - English Leg · 1

  • THR the criminalization of the reckless transmission of sexual infections (e.g. HIV, herpes and gonorrhoea) in England and Wales

    Swansea Open · 4

    Info slide

    Reckless transmission of a serious disease constitutes a criminal offence in English and Welsh Law. Reckless transmission occurs when an infected individual is aware of the risk of infecting another and they are careless in their approach to that risk. In 2004 a man was jailed for five years for recklessly infecting two sexual partners with HIV. In 2014 a man was jailed for fourteen months for recklessly infecting his girlfriend with genital herpes. In both circumstances the men had not properly / accurately informed their sexual partners of their sexual health problems. Using a Condom does not preclude the possibility that a person may be found guilty of recklessly transmitting a sexual infection.

  • THW democratically elect members of constitutional courts (sometimes called "Supreme Courts")

    Kyiv Open · 2

  • TH, as a minority parent in North America, would teach their kids not to trust the justice system, or figures of legal authority (e.g. police, judges, state prosecutors, etc.)

    North American Women's (@ Hart House) · 3

  • THW Allow convicts who are parents to raise their children in prison.

    UL Open 2016 · 2

  • The Pirate bay is a website where users illegally download copyrighted material such as music, films and video games. Attempts have been made by numerous governments to shut it down. TH Supports the Pirate Bay.

    UL Open 2016 · 4

  • Superior Orders is a plea in a court of law that a person not be held guilty for actions that were ordered by a superior officer, but are criminal. It cannot be applied to actions that are manifestly unlawful (e.g. genocide or crimes against humanity). TH Accepts the defense of Superior Orders.

    Lancaster IV 2016 · Open_Final

  • THBT Oskar Gröning should not have been prosecuted.

    Budapest Open 2016 · 3

    Info slide

    Oskar Gröning chose to join the SS during the 1940s, and was positioned at Auschwitz concentration camp as a financial clerk. After the end of the war, he remained silent about his experiences for forty years. In response to Holocaust denial by a number of authoritative and well-known individuals, he spoke about his experiences and actions, highlighting the horrors that occurred. This contributed to a decision of the German government to prosecute him as an accessory to murder in 300,000 cases.

  • Oskar Gröning chose to join the SS during the 1940s, and was positioned at Auschwitz concentration camp as a financial clerk. After the end of the war, he remained silent about his experiences for forty years. In response to Holocaust denial by a number of authoritative and well-known individuals, he spoke about his experiences and actions, highlighting the horrors that occurred. This contributed to a decision of the German government to prosecute him as an accessory to murder in 300,000 cases. THBT Oskar Gröning should not have been prosecuted.

    Budapest Open 2016 · 3

  • TH prefers a criminal justice system that pursues criminal and civil charges against individuals within companies, rather than fines against the entire company.

    Liverpool IV 2016 · 2

  • THBT the Gotham City Police Force should seek to offer Wayne employment as an officer within their force.

    Liverpool IV 2016 · Open_Final

    Info slide

    Bruce Wayne is a highly secretive millionaire with no immediate family. Wayne has used his wealth to construct a high-tech suit and helpful gadgets to fight crime, which he does as a vigilante in Gotham. Gotham is a very corrupt American city, run in effect by a mob, which use the police as enforcers. Owing to his distinctive suit and signal, Wayne is known in the press as 'The Bat Man'. Wayne currently works with Commissioner Gordon, who is a rogue officer within the Gotham City Police, who seeks to target corruption in the city. (Disclaimer: only information in this infoslide, and otherwise known by the OIV is permitted as fact within the debate.).

  • That we regret the possibility of jury nullification

    Durham Australs · Open_Semis_1

  • That illegally gathered evidence should be admissible in court

    Durham Australs · Open_Semis_3

  • THW abolish the distinction between an attempted and a completed crime.

    GUU Ancients 2016 · 2

  • THW support indigenous people to be trialed, convicted and punished in accordance with the customs of their community as opposed to through the system of the national court.

    Dutch Mace 2016 (The Netherlands) · 3

  • THW remove the executive's ability to grant pardons (i.e. to cancel the legal consequences of a conviction).

    Newcastle Mixed Doubles 2016 · 4

  • TH supports Iran's extension of the Sharia principle of "an eye for an eye" to the victims of acid attacks

    Warsaw EUDC 2016 · Open_Semis

    Info slide

    Recently there has been a high number of acid attacks against women, either due to personal feuds or for their non-conformity to Islamic values. / Iranian courts that are governed by Sharia law ruled that victims have the right to choose to blind their attacker by putting acid in their eye(s). Motion: TH

  • TH believes that the life in the cartel is a better life for Tony Montana than a life of following the law.

    Red Sea Open · 3

    Info slide

    Tony Montana, a Cuban refugee, arrives in Miami, where he experiences racial discrimination and has few economic opportunities. Rather than continuing as a dishwasher at a diner, he joins a cartel and starts selling cocaine. Motion: TH

  • TH would allow the "Cultural Defence" in all criminal proceedings.

    Red Sea Open · Open_Final

    Info slide

    A "Cultural Defence" is a defence to the prosecution of a criminal act, which, according to the defendant, results from their cultural background. Motion: TH

  • THBT niantic should provide user location from Pokemon Go to the police [Quarters]

    Northeast Regional Opener 2016 Brad Smith Debate Tournament · Open_Quarters

  • THW ban funding by third parties of tortious lltigiation

    HWS IV 2016 · 3

    Info slide

    Tortuous litigation refers to legal disputes in which one party seeks financial damages from the other

  • THW factor public horror into the punishment of a crime

    HWS IV 2016 · Novice_Final

  • THW allow the prosecution of news organizations for knowingly publishing false information, even when that information is not defamatory

    Hart House IV 2016 · 1

  • TH would allow communities to pay for increased police presence in their area

    Imperial Open · 1

  • TH would allow the police to use entrapment

    Roosevelt Open · 3

    Info slide

    Entrapment is a practice whereby a police officer tempts a person to commit a criminal offense that the person would have otherwise been unlikely to commit. For example, police officers posing as drug dealers and offering drugs. Motion: TH

  • THW allow the police to use entrapment.

    Roosevelt Open 2016 · 3

  • THW prohibit people with criminal records from running for political office

    Helsinki Mini · 3

  • TH would prosecute the editor-in-chief when the magazine they are in charge of publishes falsehoods

    Trivium Tournament · 3

  • THBT ICC should forcefeed detainees going on hunger strike.

    Belgrade Open 2016 · 2

  • THS supreme court rulings based on natural rights not enumerated in constitutions.

    Yale IV · Open_Semis

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